This Licence Agreement is between Bar Tutor Pty Ltd trading as Bar Tutor ABN 68 606 507 448 (“Bar Tutor”) and the individual whose details were provided to Bar Tutor as part of the subscription process, and who Bar Tutor has subsequently authorised through the provision of login details, to access the services and materials available through Bar Tutor’s website (“you”). Bar Tutor has agreed to supply the online services (the “Services”) and materials and content available therein (“Materials”) to you subject to the terms and conditions set out herein.
LICENCE AND RESTRICTIONS ON USE
1. Subject to the terms and conditions set out herein, you are granted, during the term of this Licence Agreement, a non-exclusive, nontransferable, limited licence to access and use the Services and the Materials made available to you through the Bar Tutor website for the sole purpose of your personal research and study.
2. The right to electronically display and view the Materials retrieved from the Services is limited to the display and viewing of such Materials solely by you. You must not in any way, disclose any information (such as your Bar Tutor login details, or any other information) or otherwise perform any act or omission which might directly or indirectly facilitate or allow any other person to access the Services or view any Materials accessible to you by virtue of your subscription to the Services provided by Bar Tutor.
3. Except as specifically provided in clauses 1 and 2 herein, you are otherwise expressly prohibited from recording, downloading, storing, reproducing, transmitting, displaying, printing, copying, distributing, or using Materials retrieved from the Services.
4. All right, title, and interest (including all copyrights and other intellectual property rights) in the Services and Materials (in both print and electronic forms) belong to Bar Tutor. You acquire no ownership of copyright or other intellectual property rights or proprietary interest in the Services, Materials, or copies thereof.
5. Except as specifically provided herein, you must not use the Services or Materials in any fashion that infringes the copyright or proprietary interests therein.
6. You must not remove or obscure the copyright notice or other notices contained in Materials retrieved from the Services.
DISCLAIMER
7. The Services and Materials are designed as a reference to assist lawyers who are considering applying to sit the Victorian Bar Entrance Exam. The Services and the Materials are not a substitute for appropriate study, in accordance with the recommendations and guidance offered by the Victorian Bar.
8. Bar Tutor has no affiliation with the Victorian Bar or anyone involved with administering the Victorian Bar Entrance Exam.
9. Bar Tutor may in its absolute discretion add or withdraw any part of the Services or Materials, and the Services and Materials may otherwise be changed in any way, at any time without notice.
10. Bar Tutor is not a law firm, nor an incorporated legal practice. The Services and the Materials do not constitute legal advice and must not be relied upon as such. Nothing in the Services or the Materials will be construed, or relied upon, as advertising or soliciting to provide any legal services, or otherwise constituting legal representation, advice or opinion whatsoever on behalf of Bar Tutor or any third party.
11. The views and opinions expressed in the Materials are solely those of the individual(s) whose attribution is contained with such Materials. They do not represent the views or opinions of Bar Tutor.
12. Bar Tutor does not undertake any obligation to consider whether the information contained in the Services and Materials is either sufficient, up to date or appropriate for any particular or actual circumstances.
Whilst every effort has been made to ensure that the Services and Materials are accurate and up-to-date, Bar Tutor bears no responsibility for any error or omission within the Materials, and you should obtain independent verification or advice before relying upon any information in circumstances where loss or damage may result.
13. Delivery of the Services and the Materials is made using the World Wide Web, and as such is subject to you having internet access and appropriate IT equipment, resources and facilities and meeting any other technical requirements specified by Bar Tutor from time to time.
LIMITATION OF LIABILITY
14. To the maximum extent permitted by law, the Services and Materials are provided on an “as is” basis and, unless expressly stated to the contrary in this Licence Agreement, all representations, warranties or guarantees, whether express of implied, by statute, trade or otherwise, including without limitation that the Services and Materials are or will be complete or free from errors or omissions, are excluded from this Licence Agreement.
15. To the maximum extent permitted by law, Bar Tutor will not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from –
a. any errors in or omissions from the Services or any Materials available or not included therein;
b. the unavailability or interruption to the supply of the Services or any features thereof or any Materials;
c. your use or misuse of the Services or Materials;
d. your use of any equipment in connection with the Services;
e. the content of the Materials;
f. any delay or failure in performance beyond the reasonable control of Bar Tutor; or
g. any negligence of Bar Tutor or its employees, contractors or agents in connection with the performance of Bar Tutor’s obligations under this Licence Agreement (other than liability for death or personal injury).
16. Bar Tutor’s liability to you for loss or damage of any kind (including loss or damage caused by negligence) is reduced to the extent that you caused or contributed to that loss or damage.
17. To the maximum extent permitted by law, the aggregate liability of Bar Tutor for any cause of action (including negligence) will not exceed the lesser of your actual direct damages or the amount you paid for the relevant goods or, in the case of services, the amount you paid for the services in the preceding 12 months.
18. Bar Tutor will not be liable for any special, indirect, incidental, or consequential damages of any kind whatsoever, in any way due to, resulting from, or arising in connection with the goods or services the subject of this Licence Agreement, or the failure of Bar Tutor to perform its obligations under the Licence Agreement (and including any negligence on the part of Bar Tutor or any third parties).
19. If you are a “consumer” for the purposes of Schedule 2 of the Competition and Consumer Act 2010 (Cth) (the “Australian Consumer Law”), certain guarantees may be conferred on you and certain rights and remedies may be conferred on you which cannot be excluded, restricted or modified. If so, then to the maximum extent permitted by law, Bar Tutor’s liability to you is limited, at its option, to – a. in the case of goods, replacement or repair of the goods or payment of the cost of replacing or repairing the goods; and b. in the case of services, resupply of the services or payment of the cost of resupplying the services.
TERMINATION
20. Your entitlement to access the Services and Materials commences on the day on which Bar Tutor provides you with login details for that purpose (or from the day on which Bar Tutor subsequently agrees to renew or extend your entitlement, if applicable).
21. Subject to clauses 22 to 26 herein, your entitlement to access the Services and Materials ends on the day seven (7) weeks after the Victorian Bar Entrance Exam (as scheduled by the Victorian Bar from time to time) next occurring after your entitlement to access the Services and Materials commenced (or was renewed or extended by Bar Tutor).
22. Any password, identification number or other login details issued to you by Bar Tutor is strictly confidential. If Bar Tutor suspects that any such information is being used by a person other than you, Bar Tutor may at its discretion immediately suspend your access to the Services without notice.
23. If you fail to comply with any of your obligations under this Licence Agreement, Bar Tutor may at its sole absolute discretion, suspend or discontinue providing the Services to you without notice, and/or terminate this Licence Agreement, and otherwise pursue any other remedy legally available to it.
24. In the event that you disclose any information (such as your Bar Tutor login details, or any other information) or otherwise perform any act or omission which might directly or indirectly facilitate or allow any other person to access the Services or view any Materials accessible to you by virtue of your subscription to the Services provided by Bar Tutor, in breach of your obligations under this Licence Agreement, you hereby consent to Bar Tutor providing your personal information and a description of the circumstances constituting the breach of this Licence Agreement, to any third parties, including regulatory bodies such as the Victorian Bar, for the purpose of such third parties assessing your character and fitness to practice as a lawyer.
25. On termination of this Licence Agreement, any licence granted herein will terminate with immediate effect.
26. Bar Tutor may cancel or suspend delivery of any service in the event of any delay or non-performance due directly or indirectly to wars, terrorism, strikes, lockouts, delays or defaults of manufacturers or suppliers, act of God, or any other cause beyond Bar Tutor’s reasonable control.
MISCELLANEOUS
27. All notices and other communications to you will be by email or displayed electronically in the Services. Notices to you will be deemed to have been properly given on the date first made available, if displayed in the Services; or on the date sent, if delivered by email.
28. Any notices to Bar Tutor must be sent by email to info@bartutor.com.au
29. The collection and use of personal information by Bar Tutor in the course of providing the Services will be in accordance with Bar Tutor’s privacy policy, as may be amended from time to time, and which is available at: https://bartutor.com.au
30. The failure of Bar Tutor to enforce any provision hereof will not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
31. You must not assign your rights or delegate your duties under this Licence Agreement without Bar Tutor’s prior written consent.
32. This Licence Agreement will be governed by and construed in accordance with the laws of Victoria and each party submits to the non-exclusive jurisdiction of the courts of Victoria.
33. This Licence Agreement constitutes the entire agreement between the parties and supersedes any previous communications, representations, inducements, undertakings, agreements or arrangements between the parties.
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