Terms & Conditions

  1. Access

    1. By accessing the Service, You agree to be bound by these terms and conditions. If You do not accept these terms and conditions, You must not use the Service or attempt to access the Service.
    2. You must keep Your password to the Service secure, and ensure that no person other than You logs into the Service using Your password.
    3. You acknowledge that nothing in this agreement is intended to give You any Intellectual Property Rights in the Service, Service Material or any other Intellectual Property Rights of McCullough Robertson.
    4. You acknowledge and agree that:

      (a) You must not represent to Clients that You are the author of the Service Material, and must acknowledge the Service Material was provided by McCullough Robertson;
      (b) the Service may contain errors, and may be unavailable from time to time;
      (c) You are not a client of McCullough Robertson, and any advice or other material provided to You is in Your capacity as agent for each Client;
      (d) the Service may not be appropriate for any particular Client and McCullough Robertson may refuse to provide services in relation to a particular Client; and
      (e) McCullough Robertson may offer a Client an obligation free referral to an appropriate specialist at McCullough Robertson Lawyers.

    5. You authorise McCullough Robertson to monitor Your use of the Service and to use information relating to Your use of the Service to market products or services to You.
    6. You must ensure that Client Material is complete and accurate at all times.
    7. You acknowledge that McCullough Robertson may delete or block any Service Material at any time.
    8. You acknowledge that McCullough Robertson is relying on the completeness and accuracy of Client Material, and if You do not provide complete and accurate material, McCullough Robertson may be unable to provide services to the Client.
    9. You must retain a copy of all the Service Material relating to You or Clients stored through the Service, so that You can recover all such Service Material if that Service Material can no longer be accessed through the Service.
    10. Subject to clause 1.11, You must keep all Service Material confidential, and not disclose it to any person other than the relevant Client.
    11. Clause 1.10 does not apply to any Service Material that is in the public domain (other than due to a breach of this agreement).
    12. You must keep any information You obtain through the Service in relation to a Client confidential (other than information that is in the public domain).
  2. Instructions
    1. You represent and warrant, and it is a condition of this agreement, that You are a professional advisor and You have the authority and consent of each Client to:

      (a) input all of Client Material which relates to that Client into the Service;
      (b) give instructions and receive advice on behalf of that Client; and
      (c) agree to the Costs Agreement (if any), or other terms of engagement specified by McCullough Robertson from time to time, on behalf of that Client.

  3. License
    1. McCullough Robertson may use and modify Client Material in connection with the provision of the Service.
    2. You represent and warrant, and it is a condition of this agreement that:

      (a) You have all necessary consents (including without limitation consents required by the Privacy Act 1988 (Cth)) to permit McCullough Robertson to use Client Material as contemplated by clause 3.1;
      (b) exercise of the rights contemplated by clause 3.1 will not infringe the Intellectual Property Rights of any third party; and
      (c) Client Material will be complete and accurate.

  4. Termination
    1. Either party may terminate this agreement at any time for convenience by providing written notice to the other party, in which case this agreement will terminate immediately.
    2. McCullough Robertson may suspend Your access to the Service or terminate this agreement without notice to You from time to time, including without limitation if McCullough Robertson suspects that You are in breach of this agreement.
    3. You acknowledge that McCullough Robertson may terminate this agreement or suspend Your access to the Service under this clause 4 without considering the impact of such action on You.
    4. On termination of this agreement:

      (a) You must not access the Service; and
      (b) accrued rights or remedies of a party are not affected.

    5. Clauses 1.10, 3, 4.4 and 5 survive termination of this agreement.
  5. Liability and indemnity
    1. Subject to clauses 5.4 and 5.6, McCullough Robertson is not liable for any loss or damage, however caused (including, without limitation, by the negligence of McCullough Robertson), suffered or incurred by You in connection with this agreement or use of the Service.
    2. The limitation set out in clause 5.1 is an aggregate limit for all claims, whenever made.
    3. For clarity, and without limiting clause 5.1, the parties agree that clause 5.1 is to apply in connection with a breach of this agreement, anticipated breach of this agreement or other conduct regardless of the seriousness or nature of that breach, anticipated breach or other conduct.
    4. Subject to clause 5.6, elawyer is not liable for any Consequential Loss however caused (including, without limitation, by the negligence of elawyer) suffered or incurred by You in connection with this agreement or use of the Service.
    5. Except as contemplated by clause 5.6, nothing in this agreement is intended to limit any rights You have under the Competition and Consumer Act 2010 (Cth).
    6. If the Competition and Consumer Act 2010 (Cth) or any other legislation provides that there is a guarantee in relation to any good or service supplied by elawyer in connection with this agreement and elawyer’s liability for failing to comply with that guarantee cannot be excluded but may be limited, then clauses 1.4, 5.1, 5.4, 5.7 and 9.9 do not apply to that liability and instead elawyer ’s liability for such failure is limited to (at elawyer ’s election):

      (a) in the case of a supply of goods, elawyer replacing the goods or supplying equivalent goods, repairing the goods, paying the cost of replacing the goods or of acquiring equivalent goods, or paying the cost of having the goods repaired; or
      (b) in the case of a supply of services, elawyer supplying the services again or paying the cost of having the services supplied again.

    7. You are liable for, and indemnify elawyer from and against, all loss or damage (including, without limitation, legal costs) however caused, suffered or incurred by elawyer in connection with:

      (a) an allegation by a third party that Client Material infringes the Intellectual Property Rights of that party;
      (b) any act or omission of You, including without limitation, any illegal or negligent act or omission of You; or
      (c) any use by You (or by a Client) of the Service Material or the Service.

    8. Each indemnity contained in this agreement is a continuing obligation notwithstanding:

      (a) any settlement of account; or
      (b) the occurrence of any other thing, and it is not necessary for elawyer to incur expense or make payment before enforcing or making a claim under an indemnity.

  6. Authorised use and reliance
    1. You must:

      (a) not conduct any data mining in connection with the Service;
      (b) only access the Service using a conventional web browser, such as firefox, safari or internet explorer;
      (c) not interfere with or disrupt the Service, or servers or networks connected to the Service;
      (d) not decompile, disassemble or reverse engineer the whole or any part of the software contained in or comprising part of the Service.
      (e) use the Service in accordance with any acceptable use or other policies displayed through the Service or otherwise notified by elawyer to You from time to time;
      (f) not access the Service for the purpose of creating a service similar to the Service;
      (g) not defame or harass any person using the Service or use improper language;
      (h) only use the Service in accordance with all applicable laws;
      (i) not attempt to access any part of the Service that is restricted by privacy settings or otherwise;
      (j) not rely on the Service Material, and must verify the Service Material by reference to an independent, appropriately qualified source before making a decision on the basis of the Service Material;
      (k) comply with all applicable laws and ensure that Your employees, agents and independent contractors comply with all applicable laws when using the Service; and
      (l) without limiting clause 6.1(k), not use the Service for an anticompetitive purpose in contravention of the Competition and Consumer Act 2010 (Cth).

    2. You acknowledge that elawyer does not endorse and is not responsible for the content of any advertisements displayed on the Service.
    3. Without limiting clause 6.1, You acknowledge that:

      (a) the information on the Service is general, is not designed to express an opinion on a particular case and is not intended to be legal advice;
      (b) elawyer does not represent that the Service Material is complete or accurate, and You should not act or refrain from acting on the basis of any of the Service Material without first obtaining further advice; and
      (c) professional legal advice should be obtained before taking action on any issue dealt with on the Service.

  7. Costs
    1. Each party must meet or pay its own legal costs and disbursements in respect of the preparation, negotiation and execution of this agreement.
    2. You are responsible for and must pay all taxes, duties and government charges imposed or levied in Australia or overseas in connection with the performance of this agreement.
  8. Force Majeure
    1. elawyer will not be:

      (a) in breach of this agreement as a result of; or
      (b) liable for,

      any failure or delay in the performance of its obligations under this agreement to the extent that such failure or delay is wholly or partially caused, directly or indirectly, by a Force Majeure Event or any act or omission of Yours.
  9. General
    1. This agreement is subject to the laws of Queensland and the Commonwealth of Australia.
    2. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland.
    3. Written notice under this agreement may be given by email.
    4. In the interpretation of this agreement, no rule of construction applies to the disadvantage of the party preparing the agreement on the basis that it put forward this document or any part of it.
    5. You must not assign, in whole or in part, or novate Your rights and obligations under this agreement without the prior written consent of elawyer.
    6. elawyer may amend this agreement from time to time by making the amended terms available through the Service, in which case You will be deemed to have accepted the amended terms by accessing the Service after those terms have been published.
    7. Only elawyer may assign its interest under this agreement.
    8. Each provision of this agreement will be read and construed as a separate and severable provision or part and if any provision is void or otherwise unenforceable for any reason then that provision will be severed and the remainder will be read and construed as if the severable provision had never existed.
    9. This agreement represents the parties’ entire agreement, and supersedes all prior representations, communications, agreements, statements and understandings, whether oral or in writing, relating to its subject matter.
    10. You warrant that You have the capacity and all necessary authority to enter into this agreement.
    11. Where this agreement contemplates that elawyer may consent to, elect, determine, approve, nominate, decide or consider any matter or thing, elawyer may provide such consent or make such election, determination, approval, nomination, decision or consideration in its absolute discretion and conditionally or unconditionally without being required to give reasons or act reasonably unless this agreement expressly requires otherwise.
  10. Definitions

    In this agreement:
    Term Definition
    Client means a third party client or potential client of elawyer in relation to whom You access the Service.
    Client Material means all material uploaded onto the Service by You or otherwise provided by You or any third party (including Clients) to elawyer in connection with Your use of the Service, including without limitation documents, reports and information.
    Consequential Loss means loss of revenues, loss of reputation, indirect loss, loss of the Service Material, loss of profits, consequential loss, loss of actual or anticipated savings, loss of bargain, lost opportunities, (including, without limitation, opportunities to enter into arrangements with third parties) and loss or damage in connection with claims against You by third parties (including Clients).
    Costs Agreement means the standard costs agreement nominated by elawyer (if any) from time to time. elawyer means elawyer Pty Ltd ACN 142 386 892.
    Force Majeure Event means any occurrence or omission outside a party’s control and:
    (a) a physical natural disaster including fire, flood, lightning or earthquake;
    (b) war or other state of armed hostilities (whether war is declared or not), insurrection, riot, civil commotion, act of public enemies, national emergency (whether in fact or in law) or declaration of martial law;
    (c) internet delay or unavailability;
    (d) epidemic or quarantine restriction;
    (e) failure of a third party service provider (including without limitation a third party hosting the Service);
    (f) ionising radiation or contamination by radioactivity from any nuclear waste or from combustion of nuclear fuel;
    (g) confiscation, nationalisation, requisition, expropriation, prohibition, embargo, restraint or damage to property by or under the order of any government agency;
    (h) law taking effect after the date of this agreement; and
    (i) strike, lock-out, stoppage, labour dispute or shortage including industrial disputes that are specific to a party or the party's subcontractors.
    Intellectual Property Rights means all industrial and intellectual property rights, both in Australia and throughout the world, including, without limitation, any copyright, trade or service marks, patents, registered and unregistered trade marks, registered designs, trade secrets, knowhow, moral rights, rights in relation to semiconductors and circuit layouts, formulations, components, concentrations, protocols, trade, business or company name, indication or source or appellation of origin, or other proprietary right, or right to registration of such rights;
    Service means access to the website ns.elawyer.net.au made available by elawyer to You from time to time.
    Service Material means any information, recommendations, data or reports obtained through the Service.
    You means you.