Terms and Conditions
“Administrator” means a person who controls, oversees, and may operate a Professional’s registered account.
“Advanced Search” means a request by an Enquirer/Nominee as to the specific whereabouts of a Document.
“Basic Details” means full name, suburb/town, State/Territory, and postcode.
“Client” means a person who is a client of a professional.
“Data” means information made available to you through the System.
“Database” means all data collected and maintained by us and our associated agencies for the delivery of the System.
“Enquirer” means a person who uses the System to make an enquiry.
“Enquiry” means a request by a person to identify the location of a Document.
“Member” means an Individual or Professional who uses the System to register
“Public” means any person from the public who uses the System for the purpose of imputing information relating to the whereabouts of their own or someone else’s Document.
“Public Listing” means the Basic Details of a Member will be displayed to an enquirer when they conduct a Search.
“Register” means the directory of Family Report Writers and Parenting Coordinators.
“Search” means a request by an enquirer as to identify general information on who has registered on the System.
“Service” means the storage of information relating to the whereabouts of any Member.
“System” means this web site and its connected electronic services.
“Us, We And Our” means the Register.
“You And Your” means you the Professional or individual who uses the System.
TERMS AND CONDITIONS
Thank you for visiting the Pacifica Congress Public Register Terms and Conditions. Access and use of the System, is dependent upon your agreement to be legally bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you must not use the System.
1. About Us
The System is owned by Pacifica Congress (ABN 71 614 243 766)
These Terms and Conditions may be changed by us from time to time. Changes will be posted on this page and your use of this Web Site after such changes have been posted will constitute your agreement to the modified Terms and Conditions and all of the changes.
3. Conditions of Access and Use of Materials
Access to the System must be in accordance with this agreement and must be used in a manner so as not to corrupt the System or the Data. You shall not, and shall ensure that no person shall:
a) access any part of our database which is not part of the Data or to which access is not authorised;
b) transmit any material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
c) tamper with the Data, our database or the System;
d) use any device, software or routine to interfere or attempt to interfere with the proper working of the System;
e) take any action that imposes an unreasonable or disproportionately large load on the servers rendering the System;
f) use any equipment or software to access the System in a manner which is inconsistent with the terms and conditions of this agreement;
Without our express consent you shall not:
a) make any additions, modifications, adjustments or alterations to the Data, System or our database;
b) permit the linking or communication with any other system, equipment or database for the purpose of disseminating any part of the Data, our database or the System through such other system, equipment or database;
c) use any robot, spider, automatic device or manual process to monitor or copy any pages within this website, the Data or our database.
4. Accuracy of Information
It is the sole responsibility of a Member to ensure that any information provided on to the system is accurate and current at all times.
We do not warrant or guarantee the accuracy or continuing accuracy of the information entered onto the system by a member.
We respect the confidentiality of information provided by a member or enquirer/nominee, and unless we have been given authorisation by the member, it is not possible for us to identify the location of a member’s document/s, and we will not check the validity of the information provided by a member or enquirer/nominee.
5. Communication with Members
We may from time to time send out (either by electronic means or through the post) information to you relating to our products and services. Members (who have provided a valid email address) may receive an automatically generated email (periodically) from us to remind them to update their details (if required).
6. Copyright, Patents, Trademarks and other Intellectual Property Rights
We are the rightful owner of the domain name www.pacificacongress.org and all the intellectual property (including any copyright, trade mark and database right) associated with the System belongs to us.
You acknowledge that the Data, our database and the System, including the design and layout of this web site, are protected by copyright, trademark and other forms of proprietary rights owned by us or our licensors.
Except as otherwise provided or with the prior written permission of the owners of the intellectual property, you shall not adapt, reproduce, copy, duplicate, publish, on-sell, upload, post, transmit, exploit for any commercial purposes or otherwise distribute in any way the Data, our database or the System, or permit or facilitate any of such acts.
You shall not commercialise the products and services obtainable from this web site in any form, except with our prior written permission and subject to any such conditions imposed by us.
7. Disclaimer of Warranties and Liability
The Data and the System are provided on an “as is” and “as available” basis without warranties of any kind. To the fullest extent permitted by law, we do not warrant and hereby disclaim any warranty:
a) as to the accuracy, correctness, reliability, timeliness, non-infringement, title, merchantability or fitness for any particular purpose of the Data and the System;
b) that the Data and the System will be uninterrupted, error-free, timely or secure, or that defects will be corrected or that the System are and will be free of all viruses, bugs or other harmful elements;
c) that the information transmitted through the System is secured, although we will strive to protect the security of the data transmitted over the Internet by encrypting the channel of transmission using Secured Socket Layer technology.
(d) that the search results obtained from the use of the System will be accurate or reliable.
(e) as to the quality of any services, products, information or other materials obtained by you through the System will meet your expectations.
We will also not be liable for any damage or loss of any kind, however caused (including by negligence), as a result (direct or indirect) of the use of or reliance on this web site or any linked website, including but not limited to any damage or loss suffered as a result of reliance on the Data or the System contained in or available from or accessed through this web site.
We accept no liability for any failure to comply with these Terms and Conditions where such failure is due to circumstances beyond our reasonable control.
8. Age Requirements
In order to use our Service you must be aged 18 years or over. By becoming a Member you confirm that you are aged 18 years or over.
9. The Information You Provide
Any information that you provide to us must be true and accurate, current and complete in all respects.
10. Information Released to an Enquirer/Nominee
An Enquirer/Nominee warrants that all information he provides to make a Search is completely and wholly accurate and indemnifies us from all liability of whatever nature to any party arising directly or indirectly from the Enquirer’s/Nominee’s improper use of the service or input of inaccurate or incomplete information into the System. Upon conducting an Advanced Search, if the details of a Member and Nominee are replicated, the system will display those Members’ basic details in order for the Nominee to select the correct Member and continue to proceed with their Search.
11. Registered Information Changes/Updates
It is the sole responsibility of a Member to make a new Registration and/or update their information in the event that a Member updates their details.
12. Specific Warnings
You must ensure that your access to this web site and the use of the System is not illegal or prohibited by laws which apply to you.
You must take your own precautions to ensure that the process which you employ for accessing the System does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this web site or any related web site.
13. Right of Access
We reserve all rights to deny or restrict access to the System to any person or organisation, or to block access from a particular Internet address to this web site, at any time, without notice and without ascribing any reasons whatsoever. Our disclaimer will nevertheless survive any such termination.
14. Public Listing
Upon Registration, a Member has the option of selecting whether or not to be on the Public Register. The Public Register is a free service to the general public, and enables a member of the public to conduct a Search to see if a person is registered on the system. If a successful search result is produced, a Member’s basic information is displayed including their Name, Professional Category, Suburb, State/Territory, and Postcode. Note, in order to gain further access to a Member’s registered information, an Advanced Search must be performed.
If a Member decides to ‘opt out’ of the Public Listing after initially accepting it (or vice versa), they can do so by contacting Pacifica Congress at firstname.lastname@example.org.
15. Transaction Security
All credit card transactions are conducted by a payment gateway provider (Stripe). Information is protected by industry standard Secure Socket Layer (SSL) technology, where it is encrypted on your system, then decrypted on the payment gateway server.
16. Registration Process
By using our services, you hereby agree that in no event shall we be liable to you (whether in contract or not (including negligence or breach of statutory duty) or otherwise) for any direct or indirect or consequential loss, damage or expenses, (including loss of profits, business, goodwill or other special loss) howsoever arising out of our provision of the service and we shall have no liability whatsoever to pay any money to you by way of compensation other than to reimburse to you an amount that in no circumstances whatsoever exceeds the amount paid by you for the services.
By using this site, you hereby expressly understand and agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from and against all claims or demands, including all direct, indirect, incidental, special, consequential or exemplary damages, reasonable legal costs, made by any third party due to or arising out of your use of our service, your breach or violation of our terms of service, or your breach or violation of any rights of another or anybody accessing the service using your account.
20. Annual Membership Fee
Public Members (including Clients of Professional Members):
A pre-paid annual Membership fee is payable by a Member. Please refer to the Fees section of this site for pricing details. Prices may vary according to market conditions. A Member can view their remaining Membership period anytime, by logging into their account and selecting ‘Settings’, ‘Membership Expiry Date’. To renew a Membership, select ‘Renew Membership’ next to ‘Membership Expiry Date’. If a Membership is renewed prior to expiry, the remaining Membership period is carried over. If a Membership expires, the associated account benefits will be de-activated (i.e. restricted access), until all outstanding payments have been processed by us. If the Membership has expired for a considerable period of time, the Register is entitled to terminate the account at its discretion. A courtesy email and/or invoice will be sent to a Member to remind them of any upcoming or outstanding payments.
Traffic Statistics may be recorded by us in order to monitor the efficiency and effectiveness of this web site and any business undertaken by us.
22. Advertising Standards
All advertising material must be pre-approved by us. Parties interested in advertising on this site should contact us via email via the following URL: https://pacificacongress.org/ and forward their advertising request. Advertising material/logos/website links should relate to the services being provided on this site and not in any way detract from them
23. Links from this Web Site to other web sites
You must secure written permission from us prior to hyper-linking to, or framing, this web site or any of its contents, or engaging in similar activities. We reserve the right to refuse or to impose conditions when permitting any hyper-linking to, or framing of this web site or any of its contents.
Hyperlinks to other web sites are provided as a convenience. In no circumstances shall we be considered to be associated or affiliated with any trade or service marks, logos, insignia or other devices used or appearing on web sites to which this web site is linked.
24. Links to this Web Site from other web sites
Except as set forth below, caching and links to, and the framing of this web site or any of its contents are prohibited.
You must secure written permission from us prior to hyperlinking to, or framing, this web site or any of its contents, or engaging in similar activities. We reserve the right to refuse or to impose conditions when permitting any hyperlinking to, or framing of this web site or any of its contents.
Your linking to, or framing any part of this web site or its contents constitute acceptance of these Terms and Conditions. This is deemed to be the case even after the posting of any changes or modifications to these Terms and Conditions. If you do not accept these Terms and Conditions, you must discontinue linking to, or framing of this web site or any of its contents.
In no circumstances shall we be considered to be associated or affiliated in whatever manner with any trade or service marks, logos, insignia or other devices used or appearing on web sites that link to this web site or any of its contents.
We reserve all rights to disable any links to, or frames of any site containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights.
Pacifica Congress reserves the right to disable any unauthorised links or frames and disclaims any responsibility for the content available on any other site reached by links to or from this Web Site or any of its contents.
We reserve the right to disable any unauthorised links or frames and disclaim any responsibility for the content available on any other site reached by links to or from this web site or any of its contents.
25. Social media content you submit to our Social Media Sites
25.1. When a user of any of our Social Media Sites (“ Social Media Site User ”) submits any personal information or materials via a Social Media Site including text, comments, recordings, images or otherwise (“ Social Media Site User Content ”), the Social Media Site User, unless Pacifica Congress advises otherwise, licenses and grants Pacifica Congress, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Social Media Site User Content for any purpose in any media (including but not limited to, company brochures and other marketing and/or advertising material), without compensation, restriction on use, attribution or liability.
25.2. Social Media Site Users agree that they are fully responsible for the Social Media Site User Content they submit. Pacifica Congress shall not be liable in any way for such Social Media Site User Content to the full extent permitted by law and shall not be deemed or considered to in any way authorise, endorse, approve or support any material submitted by any Social Media Site User. Pacifica Congress may screen and/or remove and/or re-quest that the third party operator of any social media site or website remove any Social Media Site User Content without notice for any reason whatsoever. Social Media Site Users warrant and agree that:
(a) they will not submit any Social Media Site User Content that is unlawful, fraudulent, or which may breach any intellectual property rights, privacy, publicity or other right, or is unreasonably commercial (for example, a ‘guerrilla marketing’ attempt), defamatory, obscene, profane, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, misleading or deceptive, or otherwise unsuitable for publication;
(b) they will obtain prior consent to the submission of their Social Media Site User Content from all persons who appear in (for example, in photo-graphs) or have any rights in relation to any property that appears in or forms part of their Social Media Site User Content;
(c) their Social Media Site User Content will be their own original work and, to the extent that any rights in that work (including copyright) are not owned by the Social Media Site User, they will obtain full prior consent from any person who has jointly created or has any rights in the Social Media Site User Content, to the uses and terms herein;
(d) their Social Media Site User Content shall not contain viruses or cause injury or harm to any person or entity or device; and
(e) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer, mobile communications device or any other communication systems.
25.3. Without limiting any other terms herein, the Social Media Site User agrees to indemnify Pacifica Congress (and any of its related bodies corporate) for any loss or expense Pacifica Congress and/or any of its related bodies corporate may suffer in relation to any breach of the above terms.
25.4. Social Media Site Users consent to any use of their Social Media Site User Content in accordance with term 36 which may otherwise in-fringe their moral rights pursuant to the Copyright Act 1968, including Pacifica Congress or its affiliates and sub-licensees using and reproducing that Social Media Site User Content without attributing it to the Social Media Site User, or making modifications or adaptations to the Social Media Site User Content for the purpose of reproducing, publishing or displaying that modified or adapted content in another media. Social Media Site Users warrant and agree that they will, prior to its submission, obtain an equivalent consent from each other person who has created the Social Media Site User Content. The Social Media Site User agrees to indemnify the Registry (and any of its related bodies corporate) against all costs and claims by third parties arising from a breach of this warranty.
26. Governing Law and Jurisdiction
You agree that these Terms and Conditions shall be governed and construed in accordance with laws of the State of Victoria, and you submit to the exclusive jurisdiction of the courts of Victoria.
27. Waiver and Severability
If we waive any rights available to us under any terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue to be valid and enforceable.
28. Information Storage
Pacifica Congress may from time to time store your documents and other information with a highly reputable third party document storage facility, e.g., TelstraAmazon, or the iCloud. In that event, you agree to indemnify and Pacifica Congress from any loss and damage from any cause of action howsoever and wheresoever arising that Pacifica Congress might suffer or incur as a result of anything contained on or in any of your documents or information that Pacifica Congress has placed with any third party document storage facility.
29. War, Terrorism and Natural Disaster Indemnity
Notwithstanding anything to the contrary contained herein this Policy indemnifies us from any liability caused by Loss or Damage directly or indirectly occasioned by, happening through or in consequence of war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, terrorism, rebellion, revolution, insurrection, military or usurped power or confiscation or nationalisation or requisition or a significant natural disaster event (e.g. Earthquake, Tsunami, Bushfire) or destruction of or damage to property by or under the order of any government or public or local authority.
30. Policy Information
If you have any questions about this Policy, you can send us an email via the ‘Contact Us’ page on our website at https://pacificacongress.org/contact/. We may change or update this policy from time to time. Any changed or revised policy shall be effective immediately after it is posted on this web page. We will provide notice of any material changes to this policy by posting a notice on this web site or by some other reasonable means.
31. Privacy of Information
Web Sites that List People’s Information: Listing a person’s information (such as a person’s name, address and phone number) is available through a number of web sites and third parties. This site allows you to control any listed information you register with us and in doing so, helps protect the privacy of your information. You may refer to the following web sites to help you gain a better understanding of the availability and use of listing information on the internet. The web sites publish or sell listing information in some form.