1. These Terms govern your access to and use of the BenchTV Website.
  2. In these Terms:
    1. BenchTV Website means the website currently accessible at the www.benchtv.com.au, and any other website of substantially the same nature that we may provide, either now or in the future;
    2. Comment means any feedback, comments, reviews, ideas, suggestions, or comments posted by you on the BenchTV Website;
    3. Private Website means those parts of the BenchTV Website other than the Public Website;
    4. Public Website means those parts of the BenchTV Website that can be accessed by the public without payment of a fee;
    5. We or Us means Benchmark Legal Pty Limited, ACN 129 529 479.
  3. To use the BenchTV Website, you pay the membership fee, provide such personal details as we ask for, and register. You must keep us updated regarding your personal details.
  4. You are responsible for the security of your account, including your username and password.
  5. You must not reveal your account information, including your username and password, to any other person.
  6. You must notify us immediately at info@benchmarkinc.com.au if you believe or suspect that your account has been compromised.
  7. We give no guarantee that uninterrupted or error-free access will be available to the BenchTV Website. The BenchTV Website is provided on an “as is” and “as available” basis.
  8. We give no guarantee that any information provided on the BenchTV Website will be accurate or reliable, or will be suitable for any particular purpose.
  9. We reserve the right to modify, suspend, or discontinue the BenchTV Website at any time, for any reason or no reason whatsoever, without any liability to you or any third party.
  10. Subject to these Terms, upon acceptance of you as a member, we will grant you a non-transferable, non-exclusive, revocable licence to view content on the Private Website. This licence is personal to you and may not be sub-licenced. You may not assign or transfer any of your rights or obligations under the licence. We reserve the right to terminate this licence and your access to the BenchTV Website at any time, for any or no reason, and with or without notice.
  11. You must not:
    1. use the BenchTV Website in any manner that is not lawful;
    2. provide any other person with access to the BenchTV Website, whether by providing your user name and password, or the user name and password of another member of the BenchTV Website, or otherwise;
    3. provide any other person with a URL to the Private Website, or permit, enable, or encourage any other person to access information on the Private Website by any other means;
    4. transmit, install, upload, or transfer any virus, malware, Trojan horse, worm, robot, spider, scraper, web-crawler or other process that interferes with, disrupts, or damages the BenchTV Website or any other system, hardware or software;
    5. copy, download, print, distribute, modify, reverse engineer, create derivative works of, or adapt any of the software, information, text, graphics, source code or HTML code, information, or other content on the BenchTV Website, except as expressly allowed by these Terms;
    6. remove or modify any copyright, trademark, legal notices, or other proprietary information from content on the BenchTV Website;
    7. “deep link” to, “frame,” “mirror,” “in-line link” to, transfer to another person, or employ similar navigational technology to, the BenchTV Website content;
    8. violate or attempt to violate our security mechanisms or otherwise breach or corrupt the BenchTV Website’s security in any way;
    9. misrepresent your identity or personal information or impersonate another person or entity, including by making it appear that any email has been sent by us;
    10. post obscene, harassing, defamatory, libelous, violent, pornographic, intimidating, abusive, threatening, offensive, or illegal material on the BenchTV Website;
    11. advertise or otherwise solicit funds, goods or services on or through the BenchTV Website, or provide any commercial hosting service with access to the BenchTV Website; or otherwise create or send “spam” or other unsolicited bulk email to any person or entity through the BenchTV Website;
    12. take any action that we determine in our sole discretion is in violation of these Terms or that in any way interferes, or attempts to interfere with, the BenchTV Website (including another’s ability to access and use the BenchTV Website) or otherwise places an undue burden on the BenchTV Website.
  12. All content included in the BenchTV Website, including website design, text, photographs, graphics, sound, software, and the arrangement of all content in the BenchTV Website, is the property of us or our licensors, and is protected by Australian and international copyright and other applicable laws.
  13. Except as expressly authorised by these Terms, you may not reproduce, modify, copy, create derivative works of, sell or distribute any portion of the BenchTV Website. You may not sell or distribute use of the BenchTV Website or access to the BenchTV Website. You may not reverse engineer, reverse assemble, or otherwise attempt to discover the source code of the BenchTV Website or any part thereof.
  14. Any Comment will be our exclusive property, and you irrevocably assign to us all of your interest in such Comment. We may use such Comment in any manner without any obligation to you. You waive the right to bring any claim against us related to our use of any Comment.
  15. We may amend these Terms at any time by posting the modified Terms on the BenchTV Website. The modifications will be effective upon such posting (unless a later date is specified). You agree to review these Terms periodically so that you are aware of any modifications. Your continued use of the BenchTV Website after such modifications constitutes your acknowledgment of, and agreement to be bound by, the amended Terms.
  16. We reserve the right, but do not have the obligation, to monitor the content of Comment on the BenchTV Website. If we become aware of any Comment that we deem, in our sole discretion, to be in violation of these Terms or otherwise inappropriate, we may remove it, and suspend, block, terminate, or restrict access to the BenchTV Website to any person, without liability to you or any third party.
  17. You warrant that:
    1. you have the right to lawfully enter into these Terms and that your performance under these Terms does not constitute a breach of or conflict with any other agreement or arrangement by which you are bound;
    2. your use of the BenchTV Website will not infringe the rights of any third party,
    3. you own or have the rights to any Comment you upload to the BenchTV Website, and our use of such Comment does not, and will not, infringe any third party’s rights, including trademark, copyright, privacy, publicity or any other proprietary rights; and
    4. you will comply with all applicable laws, regulations, and rules in connection with your use of the BenchTV Website (including those relating to intellectual property).
  18. You use the BenchTV Website at your own risk.
  19. We will not be liable to you for any direct, indirect, incidental, consequential or exemplary damages, including damages for loss of profits, goodwill, use of data or other intangible loses, incurred in connection with the use or inability to use the BenchTV Website.
  20. You agree to indemnify us and our directors, officers, employees, agents, licensors, successors and assigns, against all losses, claims, suits, damages, demands, costs, expenses (including reasonable attorneys’ fees) and liabilities of whatever nature connected with your access to, or use of, the BenchTV Website, any Comment you submit to the BenchTV Website, and/or your breach, or alleged breach, of these Terms or the rights of any third party.
  21. These Terms are governed by the laws of New South Wales and the Commonwealth of Australia. The parties submit to the jurisdiction of the courts of New South Wales and the Commonwealth of Australia.
  22. These Terms, including any amendments we may publish on the BenchTV Website, constitute the complete agreement between the parties regarding the use of the BenchTV Website, and supersede all prior or contemporaneous agreements between the parties whether written or oral. Any purported additional terms in any written or oral communication from you to us are void.
  23. These Terms are binding on and inure to the benefit of the parties and their respective successors and permitted assigns.
  24. We may assign these Terms, including any rights and licenses granted to us hereunder.
  25. No failure or delay by a party in exercising any right, power or privilege under these Terms will operate as a waiver, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.
  26. The parties are contracting at arms’ length, and no agency, partnership, joint venture, or employment relationship is intended or created by these Terms.
  27. The invalidity or unenforceability of any provision herein will not affect the validity or enforceability of any other provision in these Terms.