(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.
(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.
(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.
(a) You must not access the Service; and
(b) accrued rights or remedies of a party are not affected.
(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.
(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.
(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.
(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).
(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.
(a) in breach of this agreement as a result of; or
(b) liable for,
|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.|