Terms of Use

These Terms of Use (“Terms“) govern your use of our Website located at www.aitkenlawyers.com.au (“Website“) and the viewing, printing or downloading of any content featured on our Website.  These Terms of Use form a binding contractual agreement between you, the user of the Website and us, Aitken Lawyers Pty Ltd.

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 on reception@aitkenlawyers.com.au.

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

These Terms of Use may be modified from time to time and you should regularly review them.  Your continued use of the Website constitutes your agreement to any modified Terms.

1. Licence to Use Website

1.1. We grant you a non-exclusive, world-wide, non-transferable licence to use the Website in accordance with the terms and conditions set out in this Agreement.

1.2. You may access and use the Website (including any incidental copying that occurs as part of that use) in the normal manner.  You may also access any links to our Facebook, Twitter, Linkedin and any other of our social media pages contained on our Website provided you abide by our user terms and we reserve the right to terminate your use and access to our Website and our social media pages at our complete discretion.

1.3. 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.

1.4. The Website contains links to other websites as well as content provided to us by people other than ourselves. We do not endorse, sponsor or approve any such user generated content on our Website or any content available on any linked website. You acknowledge that you enter third party websites and use information shown on the same at your own risk and that we are not responsible for these.

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

(c)  you will be legally bound by these Terms;

(d)  you will not use frames to present to a link;

(e)  you will not use the name “Aitken Lawyers Pty Ltd”, any Aitken Lawyers Pty Ltd branding or similar name or branding or any content on the Website for any purpose other than for your personal and non-commercial use;

(f)  you will not gather, extract, reproduce and/or display on any other website or other online service, any material on or from the Website;

(g)  All content on the Website is subject to copyright or other intellectual property rights and may not be used except as expressly permitted in these Terms; and

(h)  We may use your personal information in accordance with our Privacy Policy. 

2. Purpose

2.1. The purpose of our Website is to provide you with information about the legal services we provide.

3. Your Obigations

3.1. Compliance

You must comply with these terms and conditions at all times and we have the right to terminate your access to the Website should you fail to abide by these terms and conditions at any time.

3.2. Personal Use

You may view, print or download a copy of any content featured on our Website to your computer, provided that you use if for personal use only.

3.3. Adherence to our Privacy Policy and Disclaimer

You must not breach any of these Terms or any of the provisions in our Privacy Policy and in our Disclaimers.

3.4. No links to Other Websites

You must not link our Website to any other Website.

3.5. Breach of our Intellectual Property Rights

You must not alter, delete, deface, hide or otherwise damage or breach any copyright symbol, trademark or other proprietary rights notice on our Website.

4. Disclaimer of warranties and limitation of liability

4.1.  We shall not be liable by reason of the failure in the performance of obligations under these Terms and Conditions by reason of strikes, riots, fire, explosion, acts of God, acts of terrorism, governmental action or any other cause which is beyond our reasonable control.

4.2.  While we take all reasonable care, we do not warrant:

(a)  that access to or use of the Website will be uninterrupted or error free or that the Website or any material on or accessible through the Website is free from errors or viruses, Trojan horses or other harmful components.

(b) anything about the content of the Website, completeness of search results, safety, legality, reliability, ownership, accuracy, completeness, timeliness, quality, physical state or suitability for a particular purpose of any information or material on or accessible through the Website and we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.  For the avoidance of doubt, any recommendations made on or accessible through the Website are non-binding recommendations only.

4.3. These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, we limit our liability in respect of any claim to the extent provided for under the Competition and Consumer Act 2010 (Cth).

4.4. The content and information on our Website and any publications referred to on our Website is general information and provided as a guide only.  It is not intended to be legal advice and must not be relied upon.  We advise you to seek professional legal advice before acting or relying upon the information on our Website, or any of our publications.

5. Recommendations, endorsements and comments

5.1.  We have the right to ask users for recommendations, endorsements and comments in relation to the Website, any of its content and any of our services by sending their recommendations, endorsements or comments by email to our email address reception@aitkenlawyers.com.au.  We reserve the right to exclude any recommendations, endorsements or comments which we consider to be inappropriate for the Website.  We give no warranty as to the accuracy or truth of any recommendation, endorsement or comment. 

5.2. You warrant that in providing your recommendations, endorsements or comments, you have not breached any laws or regulations or these Terms.

5.3. You agree to accept the full responsibility for any recommendations, endorsements or comments you make available on our Website and you agree that we will not be liable for any such recommendations, endorsements or comments made available on our Website.

5.4. We are not to be taken as having endorsed any recommendations, endorsements or comments made by you, which we make available on our Website.

6. Indemnity

6.1. You agree to indemnify, defend and hold harmless us from any and all claims, liability, damages, costs and expenses arising from your use of the Website, any content on the Website and any information contained in any publications or documents downloaded from the Website, or your failure to comply with these Terms or from your violation of any applicable law.

7. Intellectual Property Rights

7.1.Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Website, any content on the Website and any information contained in any documents printed or downloaded from our Website and together with all rights in the services and any material provided to you as part of the services and also any material downloadable from the Website.

7.2. By posting or adding any content onto the Website, 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.

7.3. 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.

7.4. The licence in clause 1.1 will survive any termination of these Terms.

7.5. You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clause 1.3.

7.6. The information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not) advertisements, layout, arrangement, graphical user interface, look and feel of the Website, any content featured on the Website,  any of the above items which are comprised in any materials provided to you, and, also any materials which are downloaded from the Website are protected by copyright and other intellectual property laws.

7.7. We also own the copyright and other intellectual property rights in our social media pages and our Twitter, Facebook, Linkedin and any other website pages whether they are specifically referred to on the Website or not.

8. Termination

8.1.  We reserve the right to terminate our contract with you at any time at our sole discretion, if you have breached these Terms in any way.

9. Warranties

9.1. You represent and warrant to us that you have the legal capacity to enter into these Terms.

9.2. While we take reasonable care, the Website is provided by us on an “as is” basis without express or implied warranty of any kind.

10. Liability

10.1. 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.

10.2.  You accept all risks and responsibility for all loss, damages, costs and other consequences resulting from using the Website or the material on or accessible though the Website.

11. General

11.1. You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.

11.2. 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.

11.3. Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.

11.4. 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.