IMPORTANT: YOU ARE DEEMED TO HAVE AGREED TO THESE TERMS BY ACCESSING, VIEWING OR OTHERWISE USING THIS SITE.
1.1 These terms and conditions (Terms) apply to your use and continued use of this website hosted via the domain or identified as hglaw.com.au (Website). By accessing, viewing, interacting or using this Website in any way, you acknowledge and agree with Heathfield Grosvenor (A.C.N. 616 358 359) (we, us, our) to comply with these Terms. If you are using this Website as an employee, your acceptance is on behalf of both yourself and your employer and you warrant that you have the necessary authority to accept these Terms on behalf of your employer.
1.2 These Terms may be amended by us at any time. Any amendments to these Terms will be made available on this Website and take effect immediately upon publication. Your continued use of this Website constitutes acceptance of its Terms as amended.
This website may contain links to external third party websites and content. We are not responsible in any way for those websites or that content.
The information provided via this Website is provided by way of general information only. It does not constitute legal advice, and should not be relied upon as such. Specific independent legal and other professional advice which is tailored to your particular circumstances should be obtained before deciding to act, or not to act, upon the information contained in this Website.
4.1 You must not add any content to this Website:
(a) unless you hold all necessary rights, licences and consents to do so;
(b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
(c) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
(d) that would bring us into disrepute; or
(e) that infringes the intellectual property or other rights of any person.
4.2 You agree:
(a) to not copy, reproduce, translate, adapt, reverse engineer, decompile, vary or modify the any part of the Website without our express written consent, except as expressly authorised by this agreement or part III division 4A of the Copyright Act 1968 (Cth);
(b) to supervise and control the use of the Website in accordance with these Terms;
(c) to ensure your employees, sub-contractors and other agents who have authorised access to the Website are made aware of these Terms;
(d) to not give, lease, assign, licence, sub-licence, transfer, distribute, disclose, disseminate or publish or deal with the Website in any form to any other person or attempt to do any of these acts; and
(e) to not use the program for or in connection with a service bureau operation.
4.3 You must not misuse the Website. Without limitation, you will not:
(a) commit or encourage a criminal offense;
(b) transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
(c) hack into any aspect of the Website;
(d) corrupt data;
(e) cause annoyance to other users;
(f) infringe upon the rights of any other person;
(g) send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
(h) attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
4.4 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any linked platforms.
5.1 You represent and warrant in relation to any material and/or information you provide to us or via the Website that:
(a) you are authorised to provide the material and/or information;
(b) the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
(c) the material and/or information is not the “passing off” of any product or service and does not constitute unfair competition;
(d) the material and/or information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright; and
(e) the material and/or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of New South Wales including, but not limited to, the Competition and Consumer Act 2010 (Cth) and any other parliament competent to legislate in relation to the Website or any law in any country where the material and/or information is or will be available electronically to users of the Website.
5.2 By uploading any material on or via the Website, you are granting us a perpetual, non-exclusive and payment-free licence throughout the world to:
(a) reproduce, use and exploit the intellectual property in that material, to the fullest extent permitted by law in any jurisdiction in which the Website is available to users; and
(b) sub-licence others the same rights granted to us.
5.3 In relation to any material and/or information included on the Website, we have the right but not the obligation to remove any material and/or information at any time without giving any explanation or justification for removing the material and/or information.
Except where otherwise indicated, we own all intellectual property rights such as copyright in content, material, and works contained in this Website. All rights are reserved. Without limitation, you must not reproduce, modify, adapt, publish, communicate to the public or disseminate the contents of this Website except for your personal non-commercial and lawful uses.
7.1 This Website and its contents are provided on an “as is” basis. We make no representations or warranties, express or implied, statutory or otherwise regarding the accuracy, quality, completeness of such contents or their fitness for any purpose. Access to any part of this Website including without limitation password protected areas is entirely at our discretion and, furthermore, access at any given time is not guaranteed and may be terminated without notice.
7.2 To the fullest extent permitted by law, we, our officers, employees, and agents exclude all liability whether arising in tort, contract or otherwise for any loss, damage or injury (whether of a direct, indirect, special, exemplary, or consequential nature) arising or resulting in any way out of your access and/or use of this Website and its contents.
You must not use this Website or its contents for any unlawful purpose. You must indemnify and hold us harmless from and against any and all liabilities, losses, damages, costs and expenses (including legal costs) in relation to any claims or actions based on or resulting from any breach by you of these Terms.
7.4 The information and content provided on this Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement or other obligation within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Liability limited by a scheme approved under Professional Standards Legislation.
8.1 This agreement is governed by and construed in accordance with the laws of New South Wales, Australia and the parties hereby submit to the exclusive ajurisdiction of the Courts of that state.
8.2 Any dispute or difference arising in connection with this agreement shall be submitted to arbitration in accordance with, and subject to, the Rules for the Conduct of Commercial Arbitrations of the Institute of Arbitrators and Mediators, Australia. During such arbitration, both parties may be represented by a duly qualified legal practitioner.
8.3 No time or other indulgences extended by a party for the performance by the other of any of their duties or obligations pursuant to this agreement shall operate as a waiver or release of any of the parties rights pursuant to this agreement. A single or partial exercise of a right, power or remedy by a party does not prevent a further exercise of that right, power or remedy.
8.4 If any provision or any part thereof is held to be void or otherwise unenforceable then such provision or part thereof shall be excluded and the remainder of this agreement shall remain in full force and effect.