Pa Assist.com.au™

Website Terms and Conditions

1. Introduction

This website (Pa Assist.com.au Website) is owned and operated by Pa Assist Pty Limited as trustee for the Pa Assist Trust ABN 38 923 892 541 (Pa Assist.com.au or we or our).

These terms and conditions (terms) together with the Pa Assist.com.au Privacy Policy and any terms and conditions included on the Pa Assist.com.au Website govern each user’s (user, you or your) access to and use of the Pa Assist.com.au Website.  By using the Pa Assist.com.au Website, you agree to comply with these terms. 

Pa Assistcom.au may change all or part of the terms at any time.  If we do, the updated terms will be posted on the Pa Assist.com.au Website.  Your subsequent use of the Pa Assist.com.au Website will constitute your acceptance of any changes. 

If you object to the terms or any changes to the terms, your only remedy is to discontinue immediately your use of the Pa Assist.com.au Website.

These terms are current as at 1 October 2009.

2. Membership

To access or use certain parts of the Pa Assist.com.au Website, you must register as a member.  Membership is free.

When registering as a member, you must provide Pa Assist.com.au with accurate, complete and up-to-date registration information, as requested.  It is your responsibility to inform us of any changes to your registration information.  We may at any time request a form of identification to verify your identity.  You must not:

(a) register as a member multiple times; or

(b) impersonate or create a membership for any person other than yourself.

You must ensure the security and confidentiality of your membership details, including any username or password assigned to you.  You are wholly responsible for all activities which occur under your membership details.  You must not permit your membership details to be used by or transferred to any other person or disclosed.  You must notify us immediately if you become aware of any unauthorised transfer, disclosure or use of your membership details.

We reserve the right, in our sole discretion, to suspend or terminate your membership or access to all or any part of the Pa Assist.com.au Website.  We will attempt to give you prior notice of any suspension or termination but we are not required to do so.

3. Purpose of Pa Assist.com.au Website

The purpose of the Pa Assist.com.au Website is to provide information to users.  The Pa Assist.com.au Website displays links and pointers to websites operated by third parties (Advertiser Websites). 

The inclusion of any information or any Advertiser Website however presented does not in any way constitute advice in respect of or a recommendation or an endorsement of any particular goods, services, Advertiser Website or supplier.  Each user of the Pa Assist.com.au Website should obtain advice in relation to and is responsible for making their own inquiries and decisions in respect of any goods, services, Advertiser Website or supplier included on Pa Assist.com.au Website or which the user purchases, accesses or contacts as a result of using the Pa Assist.com.au Website. 

Pa Assist.com.au  intends to keep all information included on the Pa Assist.com.au Website current.  However, Pa Assist.com.au does not warrant that the information on the Pa Assist.com.au Website is current, accurate, complete or reliable. 

Without limitation to the foregoing, you acknowledge and agree that:

(a) Advertiser Websites are not owned or operated by or under the control of Pa Assist.com.au;

(b) you leave the Pa Assist.com.au Website at your own risk;

(c) if you contact an Advertiser Website from a link on the Pa Assist.com.au Website or as a result of seeing the advertiser on the Pa Assist.com.au Website, including via e-mail, Pa Assist.com.au does not accept any responsibility:

(i) for any contact, communications or transactions between you and the advertiser; or

(ii) in connection with your participation in any activities conducted by any advertiser;

(d) Pa Assist.com.au does not accept any responsibility arising in any way from errors or omissions in the information included on the Pa Assist.com.au Website including any information provided by an advertiser.

Pa Assist.com.au reserves the right to change or discontinue any aspect, function or information included on the Pa Assist.com.au Website at any time.

4. Use of the PA Assist Website

The Internet is not a continuous or secure medium.  Therefore, access to the Pa Assist.com.au Website is offered on “as available basis”.  Each user accepts that access to the Pa Assist.com.au Website may be interrupted and communications to and from the Pa Assist.com.au Website may be intercepted or altered in transmission.

Pa Assist.com.au does not warrant that:

(a) access to the Pa Assist.com.au Website will be uninterrupted or error free; or

(b) the Pa Assist.com.au Website will be is free from viruses, worms, trojan horses or anything else which may interfere or damage any computer which accesses the Pa Assist.com.au Website or data on such computer.

Your access to the Pa Assist.com.au Website may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.

5. User obligations

You agree that:

(a) you will only use the Pa Assist.com.au Website in accordance with these terms and any other provisions included on the Pa Assist.com.au Website; and

(b) you will comply with all applicable laws in respect of your use of the Pa Assist.com.au Website.

Without limiting the preceding paragraph, you agree that you will not:

(a) use the Pa Assist.com.au Website (or information or material obtained from the Pa Assist.com.au Website):

(i) to transmit (or authorise the transmission of) "junk mail," "chain letters," unsolicited emails, instant messaging or "spamming";

(ii) to impersonate any person or entity;

(iii) to solicit money, passwords or personal information from any person;

(iv) to harm, abuse, harass, stalk, threaten or otherwise offend others; or

(v) for any unlawful purpose;

(b) use the Pa Assist.com.au Website to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any material that:

(i) infringes the intellectual property rights of any person;

(ii) contains, promotes, or provides information about unlawful activities or conduct;

(iii) is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;

(iv) exploits another person in any manner;

(v) contains nudity, excessive violence, or sexual acts or references;

(vi) includes an image or personal information of another person or persons unless you have their consent;

(vii) poses or creates a privacy or security risk to any person;

(viii) you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;

(ix) contains large amounts of untargeted, unwanted or repetitive content;

(x) contains restricted or password only access pages, or hidden content;

(xi) contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;

(xii) advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us); or

(xiii) contains financial, legal, medical or other professional advice;

(c) interfere with, disrupt, or create an undue burden on the Pa Assist.com.au Website;

(d) use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Pa Assist.com.au Website;

(e) use the Pa Assist.com.au Website with the assistance of any automated scripting tool or software;

(f) frame or mirror any part of the Pa Assist.com.au Website without our prior written authorisation;

(g) use code or other devices containing any reference to the Pa Assist.com.au Website to direct other persons to any other web page;

(h) except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Pa Assist.com.au Website or cause any other person to do so; or

(i) delete any attributions or legal or proprietary notices on the Pa Assist.com.au Website.

6. User material

By uploading, transmitting, posting or otherwise making available any material on the Pa Assist.com.au Website, you:

(a) grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the material in any form and for any purpose;

(b) except where expressly stated otherwise, grant each user of the Pa Assist.com.au Website a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the material in any form for any purpose, subject to these terms;

(c) warrant that you have the right to grant the abovementioned licences;

(d) warrant that the material does not breach these terms; and

(e) unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the material.

Pa Assist.com.au may (but is not required to):

(a) review, modify, reformat, reject or remove any material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, breaches these terms or otherwise has the potential to harm, endanger or violate the rights of any person; and

(b) monitor use of Pa Assist.com.au, and store or disclose any information that we collect, including in order to investigate compliance with these or for the purposes of any investigation or governmental request.

Pa Assist.com.au is not responsible for, and accept no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the Pa Assist.com.au Website by any person other than us.  We will not be taken to have uploaded, posted, transmitted or otherwise made material available on the Pa Assist.com.au Website simply by facilitating others to post, transmit or other make material available. Pa Assist.com.au does not endorse any opinion, advice or statement made by any person other than us.

7. Intellectual property

The Pa Assist.com.au Website contains material that is protected by copyright, trade mark and other laws. 

Copyright in all material on the Pa Assist.com.au Website is owned by Pa Assist.com.au or is used under licence by Pa Assist.

Pa Assist™, the PA Assist silhouette logo™ and other logos incorporating the words “Pa Assist.com.au” are owned by Pa Assist.com.au.  Other trade marks used on the Pa Assist.com.au Website are owned by Advertisers or others.

You do not have any right, title or interest in or to any proprietary rights relating to the Pa Assist.com.au Website. 

You may:

• reproduce and display the material on the Pa Assist.com.au Website for your own personal, non-commercial use only;

• make a temporary copy of part or all of the Pa Assist.com Website in your computer’s cache for the sole purpose of viewing it.

Except as permitted in the above paragraph or otherwise under the Copyright Act 1968 (Cth) (or any other applicable legislation throughout the world), you do not have any use rights in respect of the intellectual property in the Pa Assist.com.au Website.  In particular, you agree that no part of the Pa Assist.com.au Website, any logos or copyright material of Advertisers or the materials included on it may in any form or by any means (including electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system or transmitted without the prior written permission of Pa Assist.com.au.

Each copyright owner reserves all other rights in the materials. Pa Assist.com.au reserves rights in the design of the Pa Assist.com.au Website.

8. Links to the .com.au Assist Website

You must not link to the Pa Assist.com.au Website from any other website (or otherwise authorise any other person to link from a third party website to the Pa Assist.com.au Website) without our prior written consent which consent we may give in our absolute discretion.  If you would like to link to the Pa Assist.com.au Website, please send an email to

9. Disclaimer

Your use of the Pa Assist.com.au Website is at your sole risk.  You accept that Pa Assist.com.au is not liable to you for loss or damage of any kind resulting from:

(a) any action or decision by you in reliance on the material or information on the PA Assist.com.au Website;

(b) any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software; or

(c) any other user’s use of, access to or conduct in connection with the Pa Assist.com.au Website.

10. Limitation of liability

To the maximum extent permitted by law, Pa Assist.com.au excludes:

(a) all conditions and warranties relating to your use of the Pa Assist.com.au Website that are not expressly set out in the terms, the Privacy Policy or expressly on the Pa Assist.com.au Website; and

(b) completely all liability to any person for loss or damage of any kind (including indirect, incidental, special or consequential losses or damages, loss of profits, loss of revenue, loss of production, loss of goodwill, loss of data or loss of opportunity) and however caused (including any by loss or damage caused by negligence) arising from or relating in any way to the Pa Assist.com.au Website or any information included in the Pa Assist.com.au Website (Services).

Where any law implies a warranty into these terms of use which cannot lawfully be excluded, we limit our liability, at our option, to supply the Services again or paying the cost of having the Services supplied again.

11. Indemnity

You agree to fully indemnify and hold us harmless against any expenses, costs, loss or damage that Pa Assist.com.au may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with the Pa Assist.com.au website including any breach by you of the terms.

12. Severability

If any provision of the terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of the terms, which will remain in full force and effect.

13. No waiver

No waiver of any term of the terms will be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the terms will not constitute a waiver of such right.

14. Applicable law

The terms will be construed in accordance with and governed by the laws of New South Wales, Australia. You consent to the exclusive jurisdiction of the courts of New South Wales to determine any matter or dispute which arises under the terms.