LEGAL

Web site terms and conditions

These terms and conditions apply to the use of this web site, including the use of the information services offered on this web site. In using this web site, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the web site.

These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this web site, including any other agreements made between you and us. If any of these terms and conditions conflict with any term, condition or clause in any agreement made between you and us, the term, condition or clause in that agreement shall prevail.

Terminology

In these terms and conditions, the expressions “we”, “us” and “our” are a reference to Lucas Scott Davies trading as Radar Industry Advertising ABN 81 929 172 492.

Membership

In order to be able to access certain information offered on this web site, you must become a member. To become a member, you must complete your registration details in the manner described on the web site.

We reserve the right to terminate your membership at any time if you breach these terms and conditions.

You agree to ensure that your registration details are true and accurate at all times. Specifically, you must notify us of any change to the registration details as originally supplied. If we determine that any information provided by you to us is misleading, deceptive, defamatory or untrue, we may immediately terminate your membership without notice to you.

Upon registration, you will be provided with a password and account designation. Where applicable, you agree to pay for our services in the manner specified on the web site.

Information and Referral service

When you submit a query to the website, we will transmit the query to a legal practitioner via email to the address provided to us by the legal practitioner. You acknowledge that we charge legal practitioners a fee for providing this service, and that we will only refer your query to a legal practitioner that has subscribed to this service.

We reserve the right to refuse transmission of any query that, at our absolute discretion, we deem to be inappropriate, mischievous, offensive and/or unlawful. If we refuse transmission of a query, we reserve the right to also terminate your membership.

Whilst we will use our best endeavours to ensure that any query is submitted to a legal practitioner and that legal practitioner responds in a timely manner, we make no warranty that any query submitted by you via this web site will reach its intended recipient, nor do we warrant that the recipient will respond in a timely manner, or at all.

You acknowledge that it is your responsibility to check the email account provided in your registration details, including any spam or junk mail folders.

You acknowledge that any referrals made to you through this web site do not automatically create a retainer between you and the legal practitioner. It is your responsibility to determine whether the legal practitioner referred to you is suitable for your needs, and a separate retainer agreement will need to be made between you and the legal practitioner if you decide to use their services. Likewise, the legal practitioner referred to you is under no obligation to accept a retainer from you, and once we have made the referral, our role in the matter is at an end. We are not a party to your retainer agreement with the legal practitioner and we do not warrant or make any representations about the quality, competency, suitability or extent of any services, including but not limited to legal advice, provided to you by any entity referred to you via this web site.

All information provided by us pursuant to these terms and conditions is provided in good faith. You accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources that we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information at any time. 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. 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. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material that is made available to you pursuant to our information service.

You agree to use our information service for lawful purposes only.

Disclaimer

The information contained in this web site or provided by us is not intended to constitute professional legal advice. Your use of this web site, and any form of communication with you by us whether electronic, telephonic or otherwise does not, and is not intended to, form a solicitor-client relationship between you and us.
We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this web site or any linked web site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on, accessed or provided through this web site.

To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such 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) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again.

Exception to disclaimer

This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

Specific warnings

You must ensure that your access to this web site is not illegal or prohibited by laws that apply to you.

You must take your own precautions to ensure that the process that you employ for accessing this web site does not expose you to the risk of viruses, malicious computer code or other forms of interference that may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system that arises in connection with your use of this web site or any linked web site.

Whilst we have no reason to believe that any information contained on this web site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this web site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this web site.

You acknowledge that we are a distributor, not a publisher, of content on this web site. Our editorial control is limited to the selection of materials to make available. Any opinions or advice by third parties remain the responsibility of those third parties and we do not guarantee the accuracy, completeness or usefulness of that content or its fitness for any particular purposes.

Where the information made available over this service contains opinions or judgements of third parties, we do not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice. We do not accept liability for loss or damage caused by your reliance upon any information obtained through this service and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.

Responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers’ own web sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.

Copyright

Copyright in this web site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this web site; or

commercialise any information, products or services obtained from any part of this web site;

without our written permission or, in the case of third party material, from the owner of the copyright in that material.

Trademarks

Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trademark.

If you use any of our trademarks in reference to our activities, products or services, you must include a statement attributing that trademark to us. You must not use any of our trademarks:

in or as the whole or part of your own trademarks;

in connection with activities, products or services which are not ours;

in a manner which may be confusing, misleading or deceptive;

in a manner that disparages us or our information, products or services (including this web site).

Restricted use

Unless we agree otherwise in writing, you are provided with access to this web site only for your personal use. You are authorised to print a copy of any information contained on this web site for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this web site.

Linked web sites

This web site may contain links to other web sites (“linked web sites”). Those links are provided for convenience only and may not remain current or be maintained.

We are not responsible for the content or privacy practices associated with linked web sites.

Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.

Privacy policy

We undertake to comply with the terms of our privacy policy, which is annexed to these Terms and Conditions.

Security of information

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. You acknowledge that any data transmitted to us may be stored and/or processed outside the geographic boundary of Australia.

Termination of access

We may terminate access to this web site at any time without notice. Our disclaimer will nevertheless survive any such termination.

Governing law

These terms and conditions are governed by the laws in force in Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

General

We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.

If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

We may change these terms and conditions (including the Privacy policy) at any time without notice. Your continuing use of the web site constitutes acceptance of any changes and you agree that it is your responsibility to review these terms and conditions for changes on every access to the web site.

To return to the web site

To return to the web site, click where indicated. By doing so, you acknowledge that you have read, understood and accepted the above terms of use.

Privacy policy

We may collect web site visitors’ contact information (like their e-mail addresses). Unless you object, this information may be used:

to send news, information about our activities and general promotional material which we believe may be useful to you;

to monitor who is accessing the web site or using services offered on the web site; and

to profile the type of people accessing the web site.

If you do not wish to have your personal information used in this manner or for any other specific purpose, you can e-mail us accordingly.

We utilise “cookies” which enable us to monitor traffic patterns and to serve you more efficiently if you revisit the site. A cookie does not identify you personally but it does identify your computer. You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance.

We will not sell or otherwise provide your personal information to a third party, or make any other use of your personal information, for any purpose which is not incidental to your use of this web site. For the removal of doubt, personal information will not be used for any purpose that a reasonable person in your position would not expect.

If you request us not to use personal information in a particular manner or at all, we will adopt all reasonable measures to observe your request but we may still use or disclose that information if:

we subsequently notify you of the intended use or disclosure and you do not object to that use or disclosure;

we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions; or

we are required by law to disclose the information.

We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so.

Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.

Personal information which we collect may be aggregated for analysis but in such circumstances we would ensure that individuals would remain anonymous.

All personal information which we collect (including your contact details and, if relevant, credit card details) is kept confidential to the best of our ability. You will appreciate, however, that we cannot guarantee the security of transmission.

We consider it is the responsibility of parents to monitor their children’s use of our web site. Nevertheless it is our policy not to require personal information from persons known to be under the age of 18 years or offer to send any promotional material to persons in that category.

You are entitled to have access to any personal information relating to you that you have previously supplied to us over this web site. You are entitled to edit or delete such information unless we are required by law to retain it.

If you wish to comment on or query our privacy policy, or if you wish to make an inquiry regarding any personal information relating to you that may be in our possession, contact us at query@simplelaw.com.au