Abbotts & Co Lawyers Website Terms of Use

Abbotts and Co Lawyers own this website. These following terms set out how you can use our website and resources featured within it. 

1 - Acceptance of Terms

Use of our website is governed by these terms AND our Privacy Policy. 

By accessing our website and/or using our online service you are agreeing to be bound by these terms and our Privacy Police. 

We strong suggest you carefully read these terms. Should you not agree to the terms you should immediately stop using our website.

2 - Limited licence

We grant you a limited licence to use our website in accordance with our terms. This licence is non-exclusive, royalty-free, non-transferable and may be revoked at any time. Any unauthorised use of our website will automatically terminate our licence with you. 

The licence for use of our website does not include any commercial use of our website or its content. The licence does not allow you to download, copy or otherwise share any information for the benefit of another merchant. 

3 - Exclusion of Competitors:

If you are a competitor of Abbotts and Co Lawyers then are strictly prohibited from using our website and its content.  Competitor should be read to include, but not be limited by, any provided or legal or legal associated services within the Mid North Coast region of New South Wales. 

Without our express written consent our competitors are prohibited from using any information contained within our website without our express written consent. 

4 - Jurisdiction

Your use of our website is governed by the laws of New South Wales, Australia. By using our website you unconditionally submit to the jurisdiction of the courts of New South Wales and Australia.

Our terms will be interpreted in accordance with the laws of New South Wales and Australia. We retain the right, in our absolute discretion to commence proceedings in any alternate jurisdiction. 

If you access our website outside of Australia you do so at your own risk. We make no representation that our website complies with any laws outside Australia.

5 - General Information

  1. No content on this website is to be relied upon in place of legal advice specific to your unique matter and circumstances. 

  2. Although all reasonable efforts have been made, we are not responsible if any information available on this website is inaccurate, not current, or incomplete. Any reliance on the material on this website is at your own risk.

  3. We reserve the right to modify the contents of our website at any time without notice. You acknowledge and agree that it is your responsibility to monitor any changes to the website. 


6 - General Website Rules and Conduct

When accessing our website, you agree to the following: 

  1. You will be solely responsible for your use of our website, including but not limited to the security of any passwords used in correction with our website. 

  2. You will immediately notify us of any security breach or upon becoming aware of any other unauthorised use of our website. 

  3. You accept responsibility for any information or other material submitted to us, including accepting liability for any use of that material. You agree that you are the owner or licenced user of all intellectual property contained in material that you submit to us. 

  4. You agree to not upload or otherwise transmit to us any material that may contain an electronic virus, including but not limited to Trojan horses, worms and cancelbots. You agree to not send any file, program or code which is designed to destroy, interrupt or limit the function of any computer or other electronic equipment. 

  5. You understand and accept that we may at any time, in our total discretion, suspend or terminate your access and use of our website. 

7 - Intellectual Property Rights

Abbotts and Co Lawyers own (or hold licence) for all intellectual property rights (including copyright and trademarks) in the information contained on our website. This includes but is not limited to text, photographs, graphics, logos, sound and visual recordings, software and other coding. Unless otherwise stated we reserve all rights in information contained on our website. 

Except as allowed by Copyright Act 1968 (Cth) you may not copy or reproduce any material that is contained within our website. Using any copyright material contained on our website without our express consent may expose you to serious liability. 

Subject to the Copyright Act you must not: 

  1. Reproduce, adapt, store, retransmit, print, perform, display, sell or otherwise produce derivative works of any content contained on our website. 

  2. Commercialise any information, service or product,  the origins of which come from the content of our website. 

  3. Circulate any of the content of our website to third parties. 

  4. Otherwise breach our intellectual property rights, including but not limited to embedding our website (or part of our website) of any other platform or creating derivative works of our content. 

8 - Material Submitted to Abbotts and Co Lawyers

Any material submitted to us must comply with our specifications. We may at any time reject any material submitted to us which does not comply with our specifications. 

You agree that any material that you post or otherwise submit to us does not contain any information which is like to be fraudulent, defamatory, offensive, in contempt of any Court, or an infringement of another persons’ intellectual property or privacy. 

Any information transmitted to us via the internet is done at your own risk. While we take all reasonable steps to protect your data we are unable to warrant the total security of information and accept not liability should your information be seized or intercepted. 

9 - External Websites 

Our website may contain links to third party websites. These links are provided for general convenience only. We are not responsible for any content or privacy practices of those external websites. 

Any dealing you have with any external websites are relationships existing solely between you and the external website. You agree that we are not liable for any loss, damage or data breach which may occur as a result of your dealing with an external website. 

10 - Warranty and Disclosure

To the maximum extent permitted by law, we make no representations or warranties about our website. You use our website at your own personal risk. 

Limitation is limited to the maximum extend permitted by law, and without limiting any other provisions we further note: 

  1. We are excluded from liability for any indirect, incidental and consequential loss or damage of any kind, including economic loss, loss of opportunity, and loss or corruption of data. 

  2. No oral or written information or advice given by us, our suppliers, agents, representatives or employees will create a warranty or in any way increase the scope of the express warranties given, and you may not rely on any such information or advice.

  3. In the event that the supply of our services constitutes a supply of goods or services to a consumer as defined in the Competition and Consumer Act 2010 (Cth) nothing contained in these Terms excludes, restricts or modifies any remedies or guarantees where to do so is unlawful. To the full extent permitted by law, where the benefit of any such remedy or guarantee is conferred upon you pursuant to the Act, our sole liability for breach of any such remedy or guarantee shall be limited to the remedies available under the Act

  4. You must take your own precautions to ensure that the process which you employ for accessing our website does not expose you to the risk of viruses, malicious code or other forms of interference which may damage your own computer or data. We accept no responsibility for any interference of damage which arises in connection with your access of our website. 

11 - Indemnity

By accessing our website you indemnity us in relation to any liability suffered or incurred by us for any loss, expense, costs (including all legal costs on a full indemnity basis), damage or proceeding, as a result of your breach of these terms. It is not necessary for us to have suffered any liability before enforcing a right of indemnity. 

12 - Disputes

All parties must use all reasonable endeavours to resolve any disputes under these terms by taking the following steps: 

  1. A party may serve notice on the other party advising of a dispute. 

  2. The parties (or agents of the parties) must meet within 30 days of receipt of the notice to attempt to resolve the dispute. 

  3. Should the dispute remain unresolved, the parties will resort to mediation or alternate dispute resolution methods. Costs of any mediator will be borne equally between the parties. 

  4. Should reasonable efforts be made with alternate dispute resolution and the dispute remain unresolved the parties will resort to expert determination. The opinion of the expert will be binding on the parties, before they commence legal proceedings. The cost of any expert will be borne equally between the parties.

13 - Website Variations, Termination and Discontinuance

We retain the right to amend our terms at any time. Amendments will be effective immediately upon positing on our website. Your continued used of our website will be an agreement by you to be bound by any amended terms. 

At any time, in our absolute discretion we may:
(a) terminate your use of the website
(b) amend or terminate these Terms; or
(c) discontinue the website (in whole or part).

14 - Severance
A provision of these Terms that is illegal or unenforceable may be severed from these terms. In such an instance all remaining provisions (or parts of) will continue to be in force.

15 - No Waiver
Our failure to insist upon strict performance of any of these Terms, shall not be deemed a relinquishment or waiver of any rights or remedy that we may have. It will also not be deemed to be a waiver of any subsequent breaches of these terms. 

No waiver by us for breach of any provision in these Terms shall be deemed as a waiver of any subsequent or prior breach of the same or any other provision.

ABBOTTS AND CO LAWYERS CONTACT INFORMATION

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Policy Reviewed: January 2023