Terms and Conditions of Use

1. Introduction

The Australian Institute of Expert Witnesses Pty Ltd ("AIEW", "we", "our", or "us") owns and operates the website located at www.ewinstitute.com.au and any associated platforms, directories, accreditation portals, applications and related services (collectively, the "Website" or "Services").

AIEW provides an online directory and professional platform for expert witnesses, consultants, investigators, professional advisers and related service providers. The Website is primarily intended for use by lawyers, barristers, law firms, courts, tribunals, government agencies, insurers, regulators and other professional users seeking to engage expert services.

By accessing or using the Website, you agree to be bound by these Terms and Conditions of Use ("Terms"). If you do not agree, you must not use the Website.

We may update these Terms from time to time. Updated Terms take effect immediately upon publication. Continued use of the Website constitutes acceptance of the revised Terms.

2. Nature of Services

AIEW operates as:

• A professional membership body;
• An accreditation provider; and
• A directory and referral platform.

AIEW is a publisher of content and directory listings. We do not act as:

• An expert witness;
• A consultant;
• A legal practitioner;
• A law firm; or
• A professional adviser.

Listings may include information supplied by individual experts or third parties. While we may undertake verification processes, users must independently assess and verify the qualifications, experience and suitability of any expert or service provider before engagement.

3. No Professional Advice

The Website contains general information about expert evidence, accreditation and professional services.

Nothing on the Website constitutes legal, financial, forensic, or professional advice. You must obtain independent professional advice relevant to your circumstances.

Under no circumstances will AIEW be responsible for:

• Any information contained on or omitted from the Website;
• Any reliance placed on such information;
• The outcome of any engagement with a listed expert;
• The competence, diligence or performance of any expert or service provider;
• Any failure of an expert to respond or provide services;
• The results of testimony, reports or services provided by any expert.

Your interactions with experts are solely between you and the expert.

4. Communications

You may communicate with AIEW or listed experts through the Website.

We are not liable for:

• Delays in transmission;
• Interception of communications;
• Unauthorised access to transmitted information;
• Loss or corruption of data.

Electronic communication is taken to constitute acceptance of electronic service of notices.

5. Intellectual Property

All content on the Website, including text, graphics, logos, designs, layout, images, software and other materials ("Materials"), is protected by Australian copyright, trademark and other intellectual property laws.

Australian Institute of Expert Witnesses and associated branding are proprietary to AIEW.

You may:

• View and download content for personal, non-commercial use only.

You must not:

• Copy, reproduce, republish, distribute or modify any Materials;
• Use Materials for commercial marketing or solicitation;
• Frame or mirror the Website;
• Remove proprietary notices;
• Reverse engineer or decompile Website functionality;
• Use content for telemarketing, mass emailing or direct marketing.

Unauthorised use may result in legal action.

6. Limited Licence

AIEW grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Website for lawful, non-commercial purposes in accordance with these Terms.

We may suspend or terminate this licence at any time.

If you upload or submit content to the Website (including profiles, biographies, articles or other materials), you grant AIEW a perpetual, royalty-free, non-exclusive licence to use, reproduce, modify and publish that content in connection with the Website and Services.

7. Automated Access

You must not:

• Use robots, spiders, scrapers or automated tools to access or extract data;
• Harvest email addresses;
• Mirror or cache the Website;
• Impose unreasonable load on our systems;
• Circumvent security measures.

We may block access where automated or abusive activity is detected.

8. Linking

You may link to our Website provided that:

• You do not frame or obscure any part of the Website;
• You do not imply endorsement or ownership;
• You do not link to secure or restricted areas;
• You remove the link if requested.

9. Disclaimer

While we endeavour to ensure accuracy, the Website includes content provided by third parties and members.

Due to:

• Changing laws and court decisions;
• Jurisdictional differences;
• The volume and complexity of material; and
• Third-party contributions,

AIEW makes no representation or warranty as to the accuracy, completeness, currency or reliability of any information.

All content is provided on an "AS IS" basis.

10. No Warranties

To the maximum extent permitted by law:

• The Website is provided "as available" and "as is";
• We make no warranties, express or implied;
• We disclaim warranties of merchantability, fitness for purpose and non-infringement.

We do not guarantee:

• Continuous availability;
• Error-free operation;
• Security against cyber threats;
• Freedom from viruses.

11. Limitation of Liability

To the fullest extent permitted by law, AIEW is not liable for:

• Direct, indirect, incidental or consequential loss;
• Loss of profits, data or business opportunity;
• Property damage;
• Claims arising from Website use;
• Loss resulting from internet failures.

Where liability cannot be excluded under Australian Consumer Law, our liability is limited (at our option) to:

• Resupply of services; or
• Payment of the cost of resupply.

12. Indemnity

You agree to indemnify and hold harmless AIEW, its officers, employees and agents from any claim, loss, liability or expense (including legal costs) arising from:

• Your misuse of the Website;
• Breach of these Terms;
• False representations made by you;
• Content submitted by you;
• Your violation of any law.

13. Registration and Accounts

Certain sections of the Website require registration.

If you register, you agree to:

• Provide accurate and complete information;
• Keep login details secure;
• Notify us of unauthorised access.

Accounts are personal unless otherwise authorised.

We may suspend or terminate accounts for misuse.

14. Privacy

Your use of the Website is subject to our Privacy Policy, available on our Website.

We are not responsible for the privacy practices of external websites linked from our Website.

15. Investigations and Enforcement

We may:

• Investigate suspected breaches;
• Suspend or block access;
• Report unlawful activity to authorities;
• Disclose information where legally required.

We reserve all rights available at law and equity.

16. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force and effect.

17. Governing Law and Jurisdiction

These Terms are governed by the laws of Victoria, Australia.

You agree that any dispute relating to the Website or Services will be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

18. Entire Agreement

These Terms constitute the entire agreement between you and AIEW regarding access to and use of the Website, together with any additional terms expressly accepted for specific services.