Bespoke Law

TERMS AND CONDITIONS OF USE

General

The bespokelaw.com website (the "Website") is operated by Bespoke Nominees Pty Ltd, trading as Bespoke Law (hereinafter referred to as “we” or “us" or "our" as the context permits). By accessing or otherwise using the Website, including the services which we provide from time to time, you agree to be bound by these terms and conditions of use and you acknowledge that we provide the Website and services to you subject to these terms and condition of use.

You must read and accept (or reject) these terms and conditions of use as a condition of you accessing, browsing, using or relying on any part of this Website or a service provided by us. By accessing, browsing or using the Website you acknowledge that you have read, understood and agree to comply with these terms and conditions of use.

Amendments

We are entitled at our sole discretion to change, add or remove any part of these terms and conditions of use and to change, add or delete any features of the Website at any time by posting the amendment on the Website or by notifying you by any other means of communication. Your continued use of the Website after this time constitutes an agreement by you to abide by and be bound by these terms and conditions of use, as so amended.

Intellectual Property

We own, or are otherwise licensed to use, all intellectual property in the Website, unless indicated otherwise. Subject to these terms and conditions of use, we grant to you a non-exclusive and non transferable licence to view, download and use information directly accessible through the Website for personal and non-commercial use. Nothing contained herein shall be construed as granting any right, title or interest in any of trade marks, trade secrets, know-how or other intellectual property rights in relation to the Website or otherwise. Any and all intellectual property rights in the Website (including, without limitation, all content, data and images) shall be our sole and exclusive property.

You agree that, subject to your use of the Website in accordance with the limited licence granted to you, you will not infringe our intellectual property (including, without limitation, our trade marks and copyright) in the Website and will not reproduce, modify, transmit (including broadcast), copy, adapt, sell, publish, frame, distribute or communicate any part of the Website or any information, data or music contained therein or otherwise use them in a way which will infringe our intellectual property or other property rights, except as permitted by law or with our prior written consent.

Disclaimer

Except as provided by law, the Website, and the services provided by us whether via the Website or otherwise, are provided "as is" and without any warranty or condition, express or implied. We do not warrant that the information contained in or accessible through, or via, the Website or a service provided via the Website or by us, is accurate, up-to-date, suitable for your purposes or without errors, omissions or viruses nor do we guarantee continuous, uninterrupted or secure access to the Website. You acknowledge that access and use of the Website (including the software operating in connection with the Website) may be interfered with by numerous factors outside of our control. We do not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the Website or a service provided by us. Subject to the relevant requirements at law, we make no representations or warranties in respect of the information and materials available on, or via, the Website, or a service provided by us, or the means of accessing that information and material.

We make no warranty or representation and accept no responsibility for any websites, services, products or data operated or controlled by entities other than us which are or may become linked or framed to or from the Website. You access those sites and use the products, services or data made available at those sites solely at your own risk.

Use of Information

If you upload or otherwise provide any information or content ("Content") in the course of accessing or using the Website, you agree that such Content will be available to us to use in any manner we think fit, subject to applicable provisions of any legislation including (without limitation) privacy legislation.

You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise and use the intellectual property you have in any Content, in all media now known or not currently known. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that Content in our favour.

Limitation of Liability

You agree that we are not liable to you or anyone else for any loss or damages (including, without limitation, direct, indirect, special or consequential loss, loss of profits, loss of revenue, loss of data, loss of goodwill, loss of opportunity, loss of anticipated savings) arising out of or in connection with (directly or indirectly) the use or access of the Website (and all services related thereto pr provided by us), the use by us of Content, or any such loss or damage which may arise should you be unable to access the Website or our services, for whatever reason and however arising and whether caused by breach of statute, breach of contract, negligence or other tort or otherwise.

To the extent that we are able, at law, to limit the remedies available under these terms and conditions of use, we expressly limit our liability for breach of a condition or warranty, implied by virtue of any law, to the following remedies (the choice of which is to be at our sole discretion):
(a) supply of the services again; or
(b) the payment of the cost of having the services supplied again.

You indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to:

your breach or non-observance of any term of these terms and conditions of use;
any breach or inaccuracy in any of your representations or warranties; or
your use of the Website.

As we are acting in our capacity as a trustee ( “Trustee”) of a trust ( “Trust”), unless we state to the contrary: (i) despite any other provision contained herein, the Trustee enters into these terms and conditions of use (and provides a service to you) as trustee of the Trust and in no other capacity; (ii) any liability or obligation of the Trustee arising under or in connection thereto is limited, and can be enforced against the Trustee only, to the extent to which it can be satisfied out of the assets of the Trust out of which the Trustee is actually indemnified for the liability under the trust deed.

Liability limited by a scheme approved under Professional Standards Legislation.

Third party content or materials

You must make your own enquiries with the relevant third party direct before relying on any third party information or entering into a transaction in relation to the third party products and services supplied via the Website or the services contained therein. You should check with the third party whether there are additional charges and terms which may apply. We may receive fees and/or commissions from third parties for goods and services of such third parties displayed or made available on the Website or accessible through a hyperlink on the Website and you acknowledge and consent to us receiving same.

Breach and termination

If, in our reasonable opinion, you breach any provision of these terms and conditions of use we may immediately issue a warning, temporarily suspend or permanently prevent your access to all or parts of the Website. In any event, we may terminate these terms and conditions of use (and your right to use the Website) at any time and for any reason without prior notice to you.

Relationship

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by these terms and conditions of use. Should you engage us to act for you, we shall act as a private legal practice providing legal services and not as a corporate practitioner or otherwise. In this respect, no degree of control will be exercised by you over us in our provision of legal services, other than that ordinarily expected of a lawyer-client relationship.

Force Majeure

We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, strikes, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.

Severability

If any provision of these terms and conditions of use is found by any court or body of competent jurisdiction to be wholly or partially illegal, invalid, void, voidable, unenforceable or unreasonable it shall be deemed severable to the extent that the remaining provisions of these terms and conditions of use shall continue in full force and effect.

Waiver

Failure or delay by us in enforcing or partially enforcing any provision in these terms and conditions of use will not be construed as a waiver of any of our rights under these terms and conditions of use.

Choice of Law and Use of Website

These terms and conditions of use, and the agreement of which they form part, is to be governed by the laws and exclusive jurisdiction of the State of Victoria, Australia. The Website is available only to people who can form legally binding contracts under applicable law.

PRIVACY POLICY

Subject matter and consent

Unless stated otherwise, this privacy policy regulates how we use your personal data. By using our Website, you consent to the collection and use of your personal data by us for the purposes set out herein.

Collection of data

If you would like to contact us via our Website (whether as a general enquiry, submitting a testimonial or otherwise), the disclosure of personal data may be necessary. This data may include your name, address, email and other personal data requested by us or the Website.

Use of your data

We may use, collect and store your personal data in order to measure site activity, constantly improve our range of services and to satisfy the user’s needs and also in order to communicate with you. We also use your data in order to protect our web pages and to trace unauthorised accesses.

Transmission of data

Your personal data will not be sold to third parties. We may assign other companies or individuals with the completion of particular tasks and services. These service providers only have access to your data to the extent necessary for the completion of their tasks. These service providers are obliged to treat your data according to the relevant privacy laws.

Amendments of this privacy policy

We reserve the right to amend this privacy policy if necessary in order to adapt to future changes of the usage of your personal data. Any amendments to this privacy policy will be posted on our Website in a timely manner.

Contact

In case you have any queries concerning our privacy policy matters or otherwise do not hesitate to contact us at info@bespokelaw.com.