WEBSITE TERMS AND CONDITIONS OF USE
- About the Website
- Welcome to http://www.spirelaw.com.au (the ‘Website‘). The Website is owned and operated by Spire Law Pty Ltd (ABN 23 605 392 265).
- The Website provides you with an opportunity to:
- browse and purchase our services; and/or
- browse and view information or material where there is no paid supply or offer for purchase (our ‘Services‘ herein to the extent applicable above)
- Please read the terms and conditions carefully as they govern your access to our Website (the ‘Terms’). By using our Website, you agree that you are bound by the Terms. If you do not agree with these Terms, you must not use our Website, or purchase any of our services.
- These Terms may be updated by us at any time and by continuing to use the Website, you accept these Terms as they apply from time to time. When Spire Law updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
- Any reference to Spire Law, “we”, “our”, or “us” means Spire Law Pty Ltd (ABN 23 605 392 265) and any reference to “you” or “your” means a user of Website or Services.
- Acceptance of the Terms
- You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Spire Law in the user interface.
- No Warranties
- This Website is provided “as is” without any representations or warranties, express or implied. You acknowledge that Spire Law makes no representations or warranties in relation to this Website or the information and materials provided on this Website.
- The Website may from time to time have links to other websites not owned or controlled by us. Spire Law makes no representations or warranties as to the accuracy or validity of the information or material on any of the linked third-party sites. Spire Law does not have any arrangement and do not endorse or recommend any of the information, goods or services referred to on any of the linked third-party websites.
- Without prejudice to the generality of clause 3.1, Spire Law does not warrant that
- this Website will be constantly available, or available at all; or
- the information on this Website is complete, true, accurate or non-misleading.
- All information provided by us on the Website pursuant to these Terms is provided in good faith. You accept that any information provided by us is general information only. We derive our information from sources which we believe to be accurate and up to date as at the date of publication.
- You acknowledge that nothing on the Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any (legal, financial or medical) matter you should consult an appropriate professional. Spire Law takes no responsibility for your actions, choices or decisions.
- You acknowledge that the communication from this Website does not and should not be taken by you to give rise to a Client/Solicitor relationship.
- Spire Law makes no representation or warranty that the information or material on this Website is free from viruses or other defects. Spire Law strongly recommends that you carry out appropriate virus checks on any downloaded file.
- Copyright and Intellectual Property
- The Website, the Services and all of the related services of Spire Law are subject to copyright. The information and material on the Website is protected by copyright under the laws of Australia and through international treaties.
- Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements, interactive features and software) (the ‘Content’) or the Services are owned or controlled for these purposes, and are reserved by Spire Law or its contributors.
- All trademarks, service marks and trade names are owned, registered and/or licensed by Spire Law, who grants to you a worldwide, non-exclusive, royalty-free, revocable license to:
- use the Website pursuant to the Terms;
- copy and store the Website and the information and material contained in the Website in your device’s cache memory; and
- print pages from the Website for your own personal and non-commercial use.
- Spire Law does not grant you any other rights whatsoever in relation to the Website or the supply of services by Spire Law. All other rights are expressly reserved by Spire Law.
- Spire Law retains all rights, title and interest in and to the Website and all related content or Services. Nothing you do on or in relation to the Website will transfer to you:
- the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Spire Law; or
- the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
- a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).
- You may not, without the prior written permission of Spire Law and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content, Services, third party content, or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to information and materials on the Website which are freely available for re-use or are in the public domain.
- General Disclaimer
- With regards to the Services, you acknowledge that Spire Law does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding supply of its services other than provided for pursuant to these Terms.
- Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
- Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
- Spire Law will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
- Use of the Website, Content and the Services, and any of the services of Spire Law, is at your own risk. Everything on the Website, the Services, and the services of Spire Law, are provided to you on an “as is”
and “as available” basis, without warranty or condition of any kind.
None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Spire Law make any express or implied representation or warranty about the Content or any services of Spire Law referred to on the Website. This includes but is not restricted to loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Website, the Services, or any of its Content related services (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, Content, Services or any of our services;
- the Content, Services or operation in respect to links on the Website which are provided for your convenience;
- any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
- any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
- Limitation of Liability
- Spire Law will not be liable for any liability arising out of or in connection with the Content, Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise.
- You expressly understand and agree that Spire Law, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
- Spire Law is not responsible or liable in any manner for any Content on the Website (including Third Party content) posted on the Website or in connection with the Services, whether posted or caused by users of the Website of Spire Law, by third parties or through the offer of Services by Spire Law.
- Nothing in the Website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in the Website disclaimer will exclude or limit Spire Law’s ability in respect of any:
- death or personal injury caused by Spire Law’s negligence;
- fraud or fraudulent misrepresentation on the part of Spire Law; or
- matter which it would be illegal or unlawful for Spire Law to exclude or limit, or to attempt or purport to exclude or limit, its liability.
- By using the Website, you agree that the exclusions and limitations of liability set out in the Website disclaimer are reasonable. If you do not think they are reasonable, you must not use the Website.
- Termination of Contract
- The Terms will continue to apply until terminated by either you or by Spire Law as set out below.
- If you want to terminate the Terms, you may do so by:
- notifying Spire Law at any time;
- closing your accounts for any Services which you use, where Spire Law has made this option available to you.
Your notice should be sent, in writing, to Spire Law via the ‘Contact Us’ link on our homepage.
- Spire Law may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- Spire Law is required to do so by law;
- the partner with whom Spire Law offered the Services to you has terminated its relationship with Spire Law or ceased to offer the Services to you;
- Spire Law is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
- the provision of the Services to you by Spire Law is, in the opinion of Spire Law, no longer commercially viable.
- When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Spire Law have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
- You agree to indemnify Spire Law, its 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 reasonable legal fees on a full indemnity
basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
- 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; and/or
- any breach of the Terms.
- Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute
(‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘)
- Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
- The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
- The mediation will be held in Maroochydore, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
- Termination of Mediation:
If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
- Venue and Jurisdiction
- The Content and Services offered by Spire Law is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of QLD, Australia.
- Governing Law
- The Terms are governed by the laws of QLD, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of QLD, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
- Independent Legal Advice
- Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
- If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
- If Spire Law do not act in relation to a particular breach by you of these Terms, this will not be treated as a waiver of our rights to act with respect to subsequent or similar breaches.
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