Terms of Use

Thank you for using marshalls+dent+wilmoth. We appreciate your use of our services. Please read these terms of use (‘Terms’) and our Privacy Policy carefully as they govern your use of our website. This website www.mdlaw.com.au (‘Website’) is operated by the legal partnership known as marshalls+dent+wilmoth Lawyers Registration Number 0973094X ABN 66 706 713 927 (“we”, “us”, “our”). We may amend these Terms at any time, and by continuing to use our Website, you accept the Terms and our Privacy Policy as they apply, and as amended from time to time.


We welcome your feedback. Please contact us through our Website, by phone or email.


1. TERMS OF USE

In using this Website, you agree to be bound by these Terms. If you do not accept these Terms, you must refrain from using the Website. Please review our Privacy Policy which also governs your use of the information we provide in relation to our services to understand our practices regarding personally identifiable information about you that we collect through our business. The Privacy Policy is incorporated herein and made a part of these Terms.


2. WHO MAY USE OUR SERVICES

(1) As a condition of your use of our Website and the supply of our services, you warrant that:

(a) you are at least 18 years of age;

(b) you are a person authorised to enter into a legally binding contract if you are using our services on behalf of another person or legal entity; and

(c) all relevant consents have been obtained to use our services.

(2) We retain the right in our sole discretion to deny anyone access to this Website or the services that we offer, at any time and for any reason.


3. NO RELIANCE ON INFORMATION

(1) Unless otherwise indicated, the information on our Website aims to provide a general overview on matters of interest only. It’s not intended to be comprehensive, nor to constitute legal advice.

(2) You use our Website at your own risk. You should seek legal or other professional advice before acting or relying on any information made available on our Website.

(3) Your use of our Website or the receipt of any information via our Website does not create a solicitor-client relationship between us.


4. INTELLECTUAL PROPERTY NOTICE

(1) Unless otherwise indicated, we own the copyright and other intellectual property rights in the content on this Website, including any material in downloadable files (together, Content). Please don’t infringe those rights.

(2) Copyright in this Website (including text, graphics, logos, icons, sound recordings and software) and our Content are owned or licensed to us.

(3) You may only use the Content for non-commercial, personal or internal business purposes. However, you must not reproduce, distribute, exploit, use or create derivative works from any of the Content for any purpose other than to assist you in operating your business.


5. THIRD PARTY LINKS

(1) Some of the information provided on the Website may concern products or services or may be the information of third parties. We are not responsible for the accuracy of this information or the suitability or quality of the products and services of the third parties. You should contact the relevant third party supplier directly to enquire on that information prior to entering into a transaction in relation to the third party products and services depicted on the Website. The third-party products, services and information are not provided or endorsed by us and your legal relationship is with the third-party supplier.

(2) The Website may contain links and other pointers to Internet websites operated by third parties. We do not control these linked websites and are not responsible for the contents of any linked website. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the site or the products or services provided at those sites. Your link to any such website is entirely at your own risk.


6. NO REPRESENTATION OR WARRANTY

(1) The information contained in the Website is presented for the purpose of outlining our services. All information contained on the Website, including information relating to third party products and services (if any), is for information purposes only.

(2) We do not warrant that services descriptions or other Content on this Website is accurate, complete, reliable, current, or error-free.

(3) In addition, we do not make any representations or warranties that the information we provide is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure.

(4) We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us.


7. LIMITATION OF LIABILITY

(1) To the maximum extent permissible at law including under the Australian Consumer Law (contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth)), we are not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, any claims or losses for loss of use, data or profits, arising out of or in any way connected with your use of the Website or the provision of or failure to provide any products or services.

(2) We expressly exclude liability for any inaccuracies or errors on this Website to the fullest extent permitted by law.

(3) If a supply under these Terms is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law, nothing contained in these Terms excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits us to limit our liability, then our liability is limited to:

(a) in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and

(b) in the case of software or other goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired,

and except in the case of a major failure (as that term is defined in the Australian Consumer Law), we can elect as between the remedies set out in paragraphs (a) and (b) above.

8. INDEMNITY

You agree to indemnify us, our affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms. By entering the Website, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Website by you.


13. FORCE MAJEURE

Notwithstanding any other provision of these Terms, we need not act if it is impossible to act due to force majeure, meaning any cause beyond its control (including war, riot, natural disaster or law taking effect after the date of these Terms). We have no responsibility or liability for any loss or expense suffered or incurred by you because of not acting for so long as the force majeure continues.


14. GENERAL

These Terms and your use of our Website are governed by the laws of Victoria, Australia.
© 2019 marshalls+dent+wilmoth All Rights Reserved.

Terms last updated 10/10/2019.