Terms of Use

It is recommended that you read, abide by and agree to the following terms and conditions of Terms Of Use for DivorceAnswered.com.au (Divorce Answered). Should you not agree to the following conditions, you are asked to refrain from using the website.

Divorce Answered encourages users and visitors to consult their legal representation before disseminating the information available on the website. Australian Family Court legislation and government statutes changes regularly. Divorce Answered, it’s authors, creators and other entities involved in the website renounce all responsibility for information provided, the individual interpretation or legal consequences from using the site. The website was not created with the intention of providing legal advice or to replace the need for legal representation.

Divorce Answered makes every effort to keep the content as correct and as current as possible. As such, at times, it may contain errors. It is not responsible for loss of profits or damages that may arise from defects or faults.

Throughout the website, Divorce Answered will offer links to other websites worldwide. Divorce Answered cannot offer any guarantee to the information, content, accuracy or quality on the linked site.

Divorce Answered is not responsible for the content of the advertisements and advertisers’ websites, trademarks, copyright or other pages. Divorce Answered is not liable to violations of laws, rulings, orders or regulations from anywhere worldwide from where the advertisements or pages can be accessed.

A. Description of service

Divorce Answered provides users with (not limited to) online resources, links, advertisers, communication tools, forums, shopping services, personalised content and branded programming (“Services”). New features on the website are also subject to current Terms of Use (TOU). You agree that the Service is offered as it is found and cannot be responsible for the timeliness, mis-delivery, misinterpretation, deletion or failure to store any user communications or personalisation settings.

B. Your registration obligations and responsibilities

Divorce Answered is concerned with the safety and privacy of all users. When using the Services, you agree to offer honest, accurate, current and complete information as prompted or as offered. If you provide false or inaccurate information or if Divorce Answered reasons to believe such information is dishonest, inaccurate, not current or incomplete, then it has the right to suspend, terminate or refuse any and all current and future use of the Service.

C. Visitor/associate/member/client account, password and security

When completing some of the Services, you will receive a password and account designation. You are responsible for maintaining the confidentiality of the password and account. You are fully responsible for all activities undertaken under your password or account. You agree to (a) immediately notify Divorce Answered of any security breach, (b) correctly log out or exit your account at the end of each session and (c) not share your details of account or password with any other individual or entity. Divorce Answered cannot and will not be responsible or liable for any loss, damage or altered content from failure to comply with the aforementioned agreements.

D. Visitor/associate/client/member conduct and behaviours

You understand that all information, data, text, software, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Divorce Answered, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. Divorce Answered does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Divorce Answered be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.

You agree to not use the Service to:

  1. upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

  2. harm minors in any way;

  3. impersonate any person or entity, including, but not limited to, a Divorce Answered official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

  5. upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

  6. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;

  7. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

  8. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  9. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;

  10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

  11. “stalk” or otherwise harass another; or collect or store personal data about other users.

You acknowledge that Divorce Answered does not pre-screen Content, but that Divorce Answered and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Divorce Answered and its designees shall have the right to remove any Content that violates the Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Divorce Answered or submitted to Divorce Answered, including without limitation information in Divorce Answered Message Centers, Divorce Answered Forums, Divorce Answered Chat, Divorce Answered Web Pages, Divorce Answered Calendar, Divorce Answered Divorce Kit, Divorce Answered Tools, Divorce Answered Directory, Divorce Answered Checklist, Divorce Answered Newsletter, Divorce Answered Documentation Store and in all other parts of the Service. You acknowledge and agree that Divorce Answered may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Divorce Answered, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

E. Special admonitions for international use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Australia or the country in which you reside.

F. Public content posted to Divorce Answered

With respect to all Content you elect to post to other publicly accessible areas of the Service, you grant Divorce Answered the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

G. Indemnity

You agree to indemnify and hold Divorce Answered, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Use, or your violation of any rights of another.

H. General practices regarding use and storage

You acknowledge that Divorce Answered may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that message center postings or forum postings or other uploaded Content will be retained by the Service.

I. Modifications to Service

Divorce Answered reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Divorce Answered shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

J. Termination

You agree that Divorce Answered, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Divorce Answered believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. Divorce Answered may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that Divorce Answered may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Divorce Answered shall not be liable to you or any third-party for any termination of your access to the Service.

K. Dealings with advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Divorce Answered shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Divorce Answered has no control over such sites and resources, you acknowledge and agree that Divorce Answered is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Divorce Answered shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

M. Disclaimer of warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DIVORCE ANSWERED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DIVORCE ANSWERED MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DIVORCE ANSWERED OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

N. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT DIVORCE ANSWERED SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DIVORCE ANSWERED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

O. GENERAL INFORMATION

The Terms Of Use constitute the entire agreement between you and Divorce Answered and govern your use of the Service, superseding any prior agreements between you and Divorce Answered. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms Of Use and the relationship between you and Divorce Answered shall be governed by the laws of New South Wales And Australia without regard to its conflict of law provisions. You and Divorce Answered agree to submit to the personal and exclusive jurisdiction of the courts located within Sydney, Australia. The failure of Divorce Answered to exercise or enforce any right or provision of the Terms Of Use shall not constitute a waiver of such right or provision. If any provision of the Terms Of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms Of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms Of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the Terms Of Use are for convenience only and have no legal or contractual effect.