Terms of Use

Terms of Use

These Terms of Use (“Terms“) govern your use of our website (“Site“) and form a binding contractual agreement between you, the user of the Site and us, Koffels Pty Limited (trading as Koffels Solicitors & Barristers).

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 Site.

By using the Site 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 Site.

  1. Licence to use Site

    • We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this Agreement.
    • You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.
    • You must not add any content to the Site:
      • unless you hold all necessary rights, licences and consents to do so;
      • that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
      • 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;
      • that would bring us, or the Site, into disrepute; or
      • that infringes the intellectual property or other rights of any person.
    • The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
    • You acknowledge and agree that:
      • we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and
      • the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
  1. Intellectual Property Rights

    • Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that we own all intellectual property rights in this Site, including copyright, in all content of the Site.
    • By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
    • You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
    • The licence in clause 2.3 will survive any termination of these Terms.
    • You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 2.2 and 2.3.
  2. Warranties

    • You represent and warrant to us that:
      • you have the legal capacity to enter these Terms; and
      • you have complied with clause 1.3.
  1. General information and not legal advice

    • The content on this Site is intended only to provide a summary and general overview on matters of interest. It is not intended to be comprehensive, nor to constitute legal advice.  You should always obtain legal or other professional advice, appropriate to your own circumstances, before acting or relying on any of that content.
    • Although we aim to ensure the content of this Site is up-to-date, there may be delays, omissions or errors that could affect its currency or accuracy. Certain content on the Site which, though current at the time of writing, may no longer reflect the present state of the law or industry practice.
    • Your use of this website or the receipt of any information via this website, is not intended to create, nor does it create, a solicitor-client relationship between us.
  2. Liability

    • To the full extent permitted by law, we make no representations, warranties or guarantees in relation to the availability, suitability, continuity, reliability, accuracy, currency or security of this Site. We will not be liable if this Site (or any content made available through it) is incomplete, corrupted, inaccurate, outdated or incorrect, or if this Site, or any services provided or made available through it, are unavailable for any reason, including directly or indirectly as a result of:
      • telecommunications unavailability, interruption, delay, failure or fault;
      • negligent, malicious or wilful acts or omissions of any third party;
      • maintenance or repairs carried out by us or any third party service provider in connection with the provision of this Site;
      • any event beyond our control; or
      • services provided by third parties ceasing or becoming unavailable.
    • To the full extent permitted by law, we make no representations, warranties or guarantees that this website is free from computer viruses or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks.
    • To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
    • To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
    • These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
      • the supply of the services again; or
      • the payment of the cost of having the services supplied again.
  1. Security

    • We cannot ensure the security of any transmission of information via this Site. Accordingly, any information you transmit in this manner will be sent at your own risk.  We recommend that you do not provide us with confidential information via this Site unless you accept the risk that the information may be lost, corrupted or disclosed to third parties during its transmission.
    • We cannot ensure the use of this Site is free from interference or damage, including damage caused by computer viruses, malicious computer code or any other form of interference. You should establish your own protection against viruses and other causes of damage.
  2. Privacy policy

    • These Terms incorporate and should be read together with our Privacy Policy.
    • We will use only the personal data which you submit to us via this Site in accordance with our Privacy Policy.
  3. Spam

    • Publication of email addresses on this Site does not infer consent to the receipt of unsolicited commercial electronic messages.
  4. Termination

    • These Terms terminate automatically if, for any reason, we cease to operate the Site.
    • We may otherwise terminate these Terms immediately, with or without notice to you, if you have breached these Terms in any way.
  5. General

    • We may alter the content of this Site or amend these Terms at any time, your continued use of this Site is deemed to constitute acceptance of the alterations and the amended Terms.
    • You must not assign, sub-licence or otherwise deal in any other way with any of your rights under these Terms.
    • If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
    • Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
    • This Agreement is governed by the laws of New South Wales and each party submits to the jurisdiction of the courts of New South Wales.

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