Terms

TERMS OF USE

WEBSITE TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to our website.

The owner of this website is PCR Law & Associates, a boutique law firm providing legal advice and representation services to clients from a diverse range of backgrounds.

The Australian Business Number (‘ABN’) of PCR Law & Associates is 69 775 124 165.

For the purposes of these terms, “us”, “our”, “we” and “Firm” refers to PCR Law & Associates and any related persons. “You” and “your” refers to you, the website user, or any person using our website. Also, the expressions “Terms of Use” and “Website Terms and Conditions” are used interchangeably in these terms.

1. Agreement to these Website Terms of Use

a) If you choose to continue to use our website, then we will regard that use as conclusive evidence of your agreement and acceptance that these terms, and our Privacy Policy, governing our relationship with you in relation to your use of this website.

b) Privacy Policy

As part of these Terms of Use, your use of this site is also subject to our Privacy Policy, which is incorporated by reference into these Terms of Use. Our Privacy Policy can be found at www.pcrlaw.com.au/privacy-policy

2. Using this Website doesn’t mean that you become our client

If you use our website, receive information from us, or download any documents from us, this does not mean that you become our client, we become your lawyers, or that any solicitor-client relationship is created.

3. General Information only

The content on our website is general advice only, and cannot be relied upon as legal advice. It does not take into consideration your exact business circumstances. You should always obtain legal advice from your lawyer before making any significant legal decisions.

4. We give you a licence to use our website

To enable you to access and use our website, we grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to our website to use these terms. All other uses of our website are prohibited unless we give you our written consent.

5. You must not do certain things on this website

To use our website, we expect that you abide by a certain standard of behaviour. You must not do or attempt to do anything that is unlawful, prohibited by any laws applicable to our website, anything which we would consider inappropriate, or which might bring us or our website into disrepute. This includes:

A. Breaching any provisions of these Terms of Use;

B. Carrying out any actions that we believe may cause damage and / or legal liability to us, any of our clients or suppliers, or any other person.

C. Anything that would be a breach of any other person’s privacy (including if you upload personal information about an individual without their consent) or any other legal rights;

D. Using our website to defame, harass, threaten, menace or offend any person;

E. Interfering with anyone using our website;

F. Tampering with or modifying our website;

G. Hacking into the website, our computer systems, or the computer systems of the other users of our website, including using trojan horses, viruses, or piracy or programming routines that may damage or interfere with our website;

H. Misrepresenting facts, including the impersonation of any person or entity, or a misrepresentation of an affiliation with any person of entity (including any sponsorship or endorsement);

I. Using our website to send unsolicited email messages; or

J. Assisting any third-party to do any of the above acts.

6. Disclaimer of Warranties

a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, PCR LAW & ASSOCIATES AND ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE, AND ANY PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY / GUARANTEE OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

b) This site is provided strictly on an ‘as is’ basis. To the maximum extent permitted by law, PCR Law & Associates and its officers, employees, agents, consultants, licensees, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, in particular do not represent, warrant or guarantee that:

(i) use of this site will be secure, timely, uninterrupted or error-free, or operate in combination with any other hardware, software, system or data;

(ii) any goods and/or services you receive through our website will be free of defects, or that any defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

(iii) this site will meet your requirements or expectations;

(iv) anything on this site, or on any third party website referred to, will link to this site, is reliable, accurate, complete or up-to-date;

(v) the quality of any products, services, information or other material purchased or obtained through this site will meet any particular requirements or expectations;

(vi) errors or defects will be corrected; or

(vii) this site or the servers that make it available are free of viruses or other harmful components.

c) It shall be your own responsibility to ensure that any goods, services or information you receive from other members or users of this website meet your specific requirements. You acknowledge that such goods, services or information may contain defects, inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

d) Whilst we at all times endeavour to have the most accurate, reliable, and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, link or information in the website, or as to their correctness, suitability, accuracy, reliability, or otherwise.

7. Exclusion of Liability

To the maximum extent permitted by law, PCR Law and Associates and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage, (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, business interruption, loss or corruption of data or loss of goodwill) arising directly or indirectly in connection with the terms of use or the use of this site by you or any other person.

8. Limitation of Liability

To the maximum extent permitted by law, PCR Law and Associates and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion):

a)  in the case of goods, to any of the following:

i. the replacement of the goods or the supply of equivalent goods;

ii. the repair of the goods;

iii. the payment of the cost of replacing the goods, or of acquiring equivalent goods; or

iv. the payment of the cost of having the goods repaired; and

b)     in the case of services:

i. the supply of the services again; or

ii. the payment of the cost of having the services supplied again.

9. Release

You agree to release PCR Law & Associates and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these terms of use, or the use of this site for you or any other person. We may plead this release is a bar and complete defence to any claims or proceedings.

10. Indemnification

You agree to indemnify us from and against any and all claims, suits, liabilities, expenses, legal costs, and / or damages arising out of claims based on your use of the website including, without limitation, any claim for defamation, violation of legal rights of others, loss of service by other members or users, and / or infringements of intellectual property or other rights.

11. Age and responsibility

You must be over 18 years of age to use this website. You understand that you are responsible for all your uses of the website.

12. Links to Other Websites

We may from time to time provide on our website links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between us and the owners of those websites. We take no responsibility for any of the content found on the linked websites.

This website may contain information or advice provided to you by third parties, for which we accept no responsibility. We are not providing any such advice, nor do we take any responsibility for any advice received in this regard.

13. Third Parties

We do not and will not sell or deal in your personal information. We may however use in a general sense information you provide, without any reference to your name, to create marketing statistics, identify user demands, and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services, but not for any other use.

14. Intellectual Property and Restriction of Use

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics.

We expressly reserve all copyright, trademarks and other intellectual property in the website, and in all documents and information on the website, and reserve the right to take action against you if you breach any of these terms.

You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale, or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically, or otherwise distribute any of the materials, documents or products that you may download from time to time on this website.

Any redistribution or reproduction of part or all of the contents in any form is prohibited, other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website, or other form of electronic retrieval system.

15. Whole Agreement

These Terms of Use represent the whole agreement between you and us concerning your use and access to the website, and your use and access to the information on it. No other term is to be included in this agreement, except where it is required to be included by any legislation of the Commonwealth, or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

16. No Waiver

Any failure by you or us to insist upon or enforce strict performance by the other party of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor the trade practice shall modify any provision of these Terms of Use.

17. Exclusion of Terms

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory, then such a clause shall not apply in that State or Territory, and shall be deemed never to have been included in these Terms and Conditions in that State or Territory.

Such a clause. if legal and enforceable in any other State or Territory, shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

18. Jurisdiction

This agreement and this website are subject to the laws of New South Wales, Australia. If there is a dispute between you and us that results in litigation, then you must submit to the exclusive jurisdiction of the courts of New South Wales, and waive any right to proceedings being brought in those courts.

If you access our website and you are based overseas, we do not represent that our website complies with the laws (including the intellectual property laws) of the country within which you reside (if you reside outside Australia). You are responsible for complying with the laws of the country where you access our website, and please note that you access our website at your own risk.

19. Amendment of Terms

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible.