Copyright © 2018 Kristy Perdriau All Rights Reserved.
This disclaimer relates to the content of this website, www.divex.com.au (“ the website”), any document viewed or downloaded from the website (“the website”) and the books written by Kristy Perdriau, Divorcing Your Ex – How to WIN against HIM in divorce and Divorcing Your Ex – How to WIN against HER in divorce (“the books” or “the book”).
This long, but necessary disclaimer applies to all website visitors to the website, potential clients, all other users of the website and to all readers of the book or books.
You agree to having read this disclaimer in full and agree to these terms and conditions, without modification, and acknowledge reading them. DIV eX reserves the right to modify these terms, conditions, and notices at any time without notice.
Disclaimer, Warranties, Limitation Of Liability
The terms “we”, “us”, and “our” refer to DIV eX and the DIV eX team of lawyers, barristers, consultants and employees. The term “you” and “your” refers to visitors to the website, potential clients, all other users of the website and to all readers of the book or books.
The website and the books are a useful resource guide and the people and events described and depicted on the website and in the books are for educational purposes only, and should not take the place of engaging a lawyer. Whilst every attempt has been made to verify information provided on the website and in the books, the author assumes no responsibility for any errors, inaccuracies or omissions.
If advice concerning legal or related matters is needed, the services of another qualified professional should be sought. The website and the books are not intended for use as a source of legal or financial advice.
No information on the website or in the books create a lawyer-client relationship. Information presented at www.divex.com.au and any email or other electronic communication sent to or from DIV eX or its lawyers, barristers, consultants or employees alone through www.divex.com.au will create a lawyer-client relationship.
A lawyer-client relationship with prospective clients is established only after a lawyer of DIV eX has detailed the scope of legal services to be performed in writing in a Legal Services Agreement signed by a representative or Principal of DIV eX.
No reader of the website and / or the books should act, or refrain from action, on the basis of information included on the website or in the books, without first consulting a lawyer in their relevant jurisdiction within Australia or otherwise.
The examples on the website and within the books are not intended to represent or guarantee that everyone or anyone will achieve their preferred results. There is no guarantee you will achieve your desired outcome. The tools, stories and information are provided as examples only, not as a source of legal or financial advice. We cannot guarantee results, our past results do not guarantee future results and you recognise that any endeavour has inherent risk for a loss of capital.
Because of the changes in legislation and case law relating to the application of the information contained on the website and in the books, the author disclaims all responsibility for the legal effects or consequences of the interpretation of the information provided on the website or in the books. People intending to use the information as an information resource should seek legal advice from their own lawyer or expert in family law. The information was not created or provided with the intention that it would be used to assist or take the place of a lawyer in any family law or divorce matter in any jurisdiction.
You expressly understand and agree that:
Your use of the informational content on the website and in the books is at your sole risk. DIV eX expressly disclaims all warranties of any kind, whether express or implied.
DIV eX makes no warranty that: (i) the informational content will meet your requirements; (ii) the informational content will be uninterrupted, timely or error-free; (iii) the results that may be obtained from the use of the informational content will be accurate or reliable.
You expressly understand and agree that DIV eX will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages resulting from: (i) the use of or the inability to use the content of the website or the books; (ii) the cost of obtaining substitute goods and / or services resulting from any goods or services contained on the website or in the books; (iii) any other matter relating to the information provided.
All rights reserved. No part of the website or the books may be reproduced in any form or by any means, stored in a retrieval system or transmitted in any form by an electronic, mechanical, photocopying, recording means or otherwise without prior written permission of the publisher, Kristy Perdriau.
If you would like to engage us to represent and advise you with respect to your separation, divorce or family law matter, please contact us at www.divex.com.au and book your FREE 15 minute clarity session.
Terms and Conditions
Use of the Website
The information and materials at www.divex.com.au are general information only for the purpose of learning more about DIV eX, our services and our team, as well as information about separation, divorce and family law. The information presented is not legal advice, is not to be acted upon as such, and is subject to change without notice.
Modification of These Terms
DIV eX reserves the right to change the terms, conditions, and notices under which www.divex.com.au is offered. By visiting www.divex.com.au or sending our office any personal information, you agree to this policy in effect as of the date of use.
No Lawyer-Client Relationship
Neither receipt of information presented on www.divex.com.au, nor any email or other electronic communication sent to DIV eX or its lawyers through www.divex.com.au will create a lawyer-client relationship. DIV eX cannot guarantee the confidentially of information provided by email through the website. No user of www.divex.com.au should act, or refrain from action, on the basis of information included on www.divex.com.au, without first consulting a lawyer in their relevant jurisdiction in relation to their matter.
Material You Submit to the Website
You will not upload or post to the DIV eX website, or to any DIV eX email, any artwork, photograph or other materials (collectively referred to as “materials”) protected by copyright, trademark or other proprietary right. The burden of determining if any materials are protected rests entirely upon you.
You will be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from same. For all materials submitted by you, you automatically warrant that you have the authority to use and distribute the materials, and that the use or display of the materials will not violate any laws, rules, regulations or rights of third parties.
Intellectual Property Rights to Your Materials
We claim no intellectual property rights over the materials you supply to the website. You retain copyright and any other rights you may rightfully hold in any content that you submit through the website. Content you submit to the website remains yours to the extent that you have any legal claims therein. Notwithstanding the foregoing, you grant DIV eX a worldwide, nonexclusive, irrevocable license to display the materials you supply to us for business development and marketing purposes only. By visiting the website, you agree to hold DIV eX harmless from and against all claims, liabilities and expenses, arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
Right to Refuse Service
We reserve the right to refuse service to any person or entity, without the obligation to assign reason for doing so.
Description of Services
We endeavour to describe and display our services as accurately as possible. Whilst we try to be as clear as possible in explaining our services, we do not accept that the website is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions or our services may change.
We use session cookies to ensure that your computer displays www.divex.com.au effectively. You have the ability to accept or decline cookies using your web browser settings. If you choose not to accept cookies from www.divex.com.au, you may not be able to take full advantage of its features or to receive some of the services or information www.divex.com.au provides.
Links and Email Addresses
Links posted on the website to other websites are provided only as a convenience to our clients. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by, or affiliation with DIV eX. You acknowledge sole responsibility for, and assume all risk arising from, your use of any such websites or resources.
Spamming, the unsolicited broadcasts of email addresses or links on the website, are prohibited and unauthorised.
You may use the website, www.divex.com.au and the books for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the website. You agree to use the website and to purchase services through the website for legitimate, non-commercial purposes only.
You will not post or transmit through the website any material that violate or infringe upon the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
The information presented on www.divex.com.au and in the books are provided “as is” and “as available”, without representation or warranty of any kind. DIV eX does not represent or warrant that such information is, or will be always current, complete, or accurate. Any representation or warranty that might be otherwise implied is expressly disclaimed.
We may at any time amend these terms and conditions. Such amendments are effective immediately upon notice to you by us posting the new terms and conditions on the website. Any use of the website by you after being notified means you accept the amendments. We reserve the right to update any portion of the website, including the terms and conditions at any time.
Limitation of Liability
You agree that under no circumstances will we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the website or the books. Additionally, DIV eX is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, saving, goodwill or data; and (iii) third party theft of; destruction of, unauthorised access to, alteration of, or use of your information or property, regardless of our negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.
The former applies even if DIV eX has been advised of the possibility of, or could have foreseen the damages. Our liability is limited to the fullest possible extent permitted by law. In no event will DIV eX’s cumulate liability to you exceed the total purchase price of the service you have purchased from DIV eX, and if no purchase has been made by you, DIV eX’s cumulative liability to you will not exceed $100.00.
You will indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including without limitation, lawyer’s fees, arising out of any breach by you of any of these terms and conditions, or any use by you of the website or the books. You will provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents and records reasonably accessible to you, as we deem necessary. You will not settle any third party claim or waive any defence without prior the prior consent of DIV eX.
Our Intellectual Property
The website and the books contain intellectual property owned by DIV eX, including, without limitation, the DIV eX logo, all designs, texts, graphics, other files and the selection and arrangement thereof, also termed the “look and feel”, trademarks, trade dress, copyrights, proprietary information and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the website content, in whole or in part, without our prior written consent.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of this agreement are included for convenience only, and will not affect the construction or interpretation of any of its provisions.
Governing Law; Venue; Mediation
This agreement will be construed in accordance with, and governed by, the laws of Australia. The parties agree to attempt to resolve any dispute, claim or controversy arising out of, or relating to this agreement by mediation. The location of such mediation will be determined by DIV eX.
The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this agreement, the successful or prevailing party or parties will be entitled to recover reasonable lawyer’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the agreement will remain in full force and effect and will in no way be affected, impaired, or invalidated.
These terms and conditions bind and inure to the benefit of the parties’ successors and assigns. These terms and conditions are not assignable, delegable, sublicenseable or otherwise transferable by you, except upon approval by DIV eX. Any transfer, assignment, delegation or sublicense by you is invalid.
Information we Collect on the Website
We only collect personal information you voluntarily provide to us which may include:
- Your email address in order to subscribe to our mailing list, or sign up for a course or webinar;
- Your name, address, email address or website in order to post a comment on our blog; and your social media profiles in order to share an article from our blog on social media via a third party provider;
- Your full name, address, email address and message in order to contact us via our contact form.
Activity. We may record information relating to your use of the website, such as the searches you undertake, the pages you view, your browser type, IP address, requested URL, referring URL, and timestamp information. We use this type of information to administer the website and provide the highest possible level of service to you. We also use this information in the aggregate to perform statistical analyses of user behaviour and characteristics in order to measure interest in, and use of the various areas of the website.
Cookies. We may send cookies to your computer in order to uniquely identify your browser and improve the quality of our service. The term “cookies” refers to small pieces of information that a website sends to your computer’s hard drive whilst you are viewing the website. We use session cookies (which expire once you close your browser), to ensure that your computer displays www.divex.com.au effectively. You have the ability to accept or decline cookies using your web browser settings. If you choose not to accept cookies from www.divex.com.au, you may not be able to take full advantage of its features or, to receive some of the services www.divex.com.au provides. www.divex.com.au does not respond to ‘do not track’ signals from your browser.
How Your Information is Used
The information you provide is used to process transactions, send periodic emails (such as our newsletter or other written, audio or visual material), and improve the service we provide. We do share your information with trusted third parties who assist us in operating the website, conducting our business and servicing clients and visitors. These trusted third parties agree to keep this information confidential. Your personal information will never be shared with unrelated third parties.
Third Party Links
We maintain security measures to protect your personal information from unauthorised access, misuse, or disclosure. However, no exchange of data over the internet can be guaranteed as one hundred percent (100%) secure. Whilst we make every effort to protect your personal information shared with us through the website, you acknowledge that the personal information you voluntarily share with us through the website could be accessed or tampered with by a third party. You agree that we are not responsible for any intercepted information shared through the website without our knowledge and permission. Additionally, you release us from any and all claims arising out of, or related to, the use of such intercepted information in any unauthorised manner.
Updating Your Information
If you opt-in to our mailing list for any reason, the option to unsubscribe will be included in every email. You may also access and correct your personal information and privacy preferences by contacting us via return email.
Changes to This Policy
Updated: October 2018
Copyright © 2018 Kristy Perdriau. All Rights Reserved.
Mailing Address for DIV eX Head Office: P.O. Box 1353 Noosa Heads, Queensland, 4567, Australia.