Terms of Use

TERMS OF USE

These Terms of Use (Terms) govern your use of the website located at www.fletcherlaw.com.au and, to the extent applicable, our e-newsletters (together the Website) and form a binding contractual agreement between you, the user of the Website and us, Fletcher Law Pty Ltd ACN 148 175 651 trading as Fletcher Law (us, we or our).

For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Website. You can contact us by using the contact details in the section of the Website titled “Contact”.

By using the Website you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Website.

1.  Licence to use the Website

1.1.    We grant you a non-exclusive, worldwide, non-transferable licence to use the Website in accordance with these Terms.

1.2.    You must not add any content to the Website:

a)           unless you hold all necessary rights, licences and consents to do so;

b)           that would cause you or us to breach any law, regulation, rule, code or other legal obligation;

c)           that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;

d)           that would bring us, or the Website, into disrepute; or

e)           that infringes the intellectual property or other rights of any person.

1.3.    You acknowledge and agree that:

a)           we retain complete editorial control over the Website and may alter, amend or cease the operation of the Website at any time in our sole discretion; and

b)           the Website may not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).

2.  Use of material on the Website

2.1.    You may not use the Website, including the material contained in it (the Material), for the purpose of:

a)           the reproduction distribution of the Material in any material form;

b)           the distribution of the Material in any material form;

c)           the re-transmission of the Material by any medium of communication;

d)           the uploading and/or reposting the Material to any other website on the internet;

e)           the “framing” the Material with other material on any other internet website.

2.2.    You may not modify or copy:

a)           the layout of the Website; or

b)           any computer software or code contained in the Website.

3.  Intellectual property rights

3.1.    Unless otherwise indicated, we own the copyright and other intellectual property rights in the content of the Website. Please do not infringe those rights. While you may browse or print the content for non-commercial, personal or internal business use, but subject to clause 5 and 7 below, you must obtain our written permission prior to using, copying or reproducing any part of the Website for any other purpose.

3.2.    All trademarks appearing on the Website belong to their respective owners.

4.  Links to other websites

4.1.    The Website may contain links to websites on the internet owned and operated by third parties that are not under our control.

4.2.    In relation to these other websites, we:

a)           provide the links for convenience only; and

b)           are not responsible for the material contained on the linked websites or the consequences of accessing such websites.

5.  General information and not legal advice

5.1.    The content of the Website (including, for the avoidance of doubt, our e-newsletters) is intended to only provide a summary and general overview of our services and other matters of interest. It is not intended to be comprehensive, nor to constitute legal advice. You should obtain legal or other professional advice, appropriate to your circumstances, rather than relying on the content of the Website.

5.2.    Your use of the Website, or your receipt of any marketing information from us (including our e-newsletters), is not intended to create, nor does it create, a solicitor-client relationship between you and us.

6.  Alteration of the Terms

We reserve the right to change these Terms:

a)           without notice; and

b)           without giving you any explanation or justification for such change.

7.  Limitation of liability

7.1.    Although we aim to ensure that the content of the Website is up-to-date, there may be delays, errors or omissions that could affect its currency or accuracy.

7.2.    To the extent permitted at law we exclude all implied conditions and warranties with respect to the Website and its content.

7.3.    Your use of the Website, and any reliance by you on its content, is entirely at your own risk. In particular, we exclude our liability to you, including liability in connection with any negligent act or omission by us, for any lost profit, lost opportunity, lost revenue, lost data, losses resulting from security failure or computer viruses, or any indirect or consequential loss, resulting from your use of our Website or the Material. For all other types of loss, our total liability to you, including liability in connection with any negligent act or omission by us, resulting from your use of the Website or its content is limited in aggregate to $1,000.00.

8.  Severability

If any part of these Terms is found to be void, unlawful, or unenforceable then that part will be deemed to be severed without affecting the validity and enforceability of the remaining provisions.

9.  Applicable law

These Terms are governed by the law of Western Australia, without giving effect to any principles of conflicts of laws. You agree to the jurisdiction of the courts of Western Australia to determine any dispute arising out of the Terms.

10.  Privacy

Please read our Privacy Policy on the Website.

Subscribe to our e-newsletter

To send or not to send

16th October 2017

Direct Marketing under Australian Privacy and Spamming Laws Before you hit send on that commercial electronic message (including, amongst others, emails and SMS messages) (“CEM”) you should be aware of the application of Australian privacy and spam laws. Finding electronic addresses online or purchasing a list from a business to business list supplier (“B2B List... read more

Employers caught by own policies

14th September 2017

Businesses, particularly large ones, often develop internal policies concerning the employment of their employees. These policies deal with a wide range of matters including the use of motor vehicles, drugs and alcohol, conflicts of interest, IT and social media, confidentiality and intellectual property, dress codes, bullying, harassment and anti-discrimination, redundancy entitlements and eligibility for share... read more

Caveats

17th July 2017

What is a caveat? A caveat is a notice recorded on a title to land to protect an interest that affects that title.  The caveat forbids registration of any further interests that may affect the interest recorded in the caveat without the consent of the caveator (the person who lodges the caveat). Each state and... read more