DW LEGAL WEBSITE TERMS AND CONDITIONS
1.
DEFINITIONS
In these terms and
conditions, the following words have the corresponding meanings:
Material means the information, documents, articles and
other material of a legal nature that we publish on the Website;
Terms and Conditions means the terms and conditions of the Website,
as published on the Website at the respective time of your Use;
Us, Our, We and DW Legal
means Francis William Dwyer and his entity DW Legal Pty Ltd ACN 133 438 981 as
trustee for the DW Legal Unit Trust ABN 26 974 071 776;
Use means your accessing any part of this Website and your use of any
content of the Website;
Website means the website located at dwlegal.net.au and all its content including all intellectual
property rights in the content, unless We expressly note otherwise;
You includes you, your agents,
representatives and principals, entities that you control such as companies,
trusts, partnerships and joint ventures in which you are involved howsoever, contractors,
employees, successors and your assigns expressly permitted by Us;
Your Data means the information you tell us while using
the Website, in including the contact us page;
2.
TERMS AND CONDITIONS OF USE
2.1
You acknowledge that We
own the Website including all Material and other content such as the logos,
downloadable documents, images, sounds and videos.
2.2
We allow you to Use this
Website, and you agree to Use this Website, only on the basis
of these Terms and Conditions, which is a binding agreement between You
and Us.
2.3
You agree not to access
or use the content of the Website other than on these terms and conditions.
3.
YOUR USE AND LIABILITY TO YOU
3.1
You agree not to do any
of the following:
(a)
copy, reproduce, translate,
Use to vary for Your own purpose, transfer, sell,
republish or transmit, vary or reverse engineer any part or aspect of the
Website without Our prior written approval;
(b)
Use the Website for any
purpose other than reading, contacting us and engaging our services, unless We
have expressly authorised any part of the Website to be downloaded or
reproduced, and then only to download and reproduce that part in accordance
with these Terms and Conditions;
(c)
damage or attempt to
damage the Website, its servers and connected networks, its security and
integrity including to access the Website to alter any part of the Website,
mailbombing, overloading, launching or submitting any virus or malware to the Website;
(d)
interfere or attempt to
interfere with the content of the Website and the normal functions of the Website;
(e)
link this Website to any
other website.
3.2
In relation to Your
Data, You warrant, and You and Us agree:
(a) that You own all intellectual property rights in
Your Data and that Your Data will not breach anyone else’s intellectual
property rights;
(b) that You indemnify and hold us harmless from all
loss, cost and damages of whatsoever nature and howsoever caused connected to
you submitting Your Data to us;
(c) that You grant us a non-exclusive, royalty free,
non-transferable but revocable licence to use Your Data to answer your inquiry;
(d) that we hold, use and
disseminate Your Data in accordance with our Privacy Policy (see here); and
(e) that We are not liable to You for any loss, cost
and damages of whatsoever nature and howsoever caused by or arising from You
sending Your Data to Us via the Website, on the basis that You knew prior to
sending Your Data that:
a. such electronic communication is not 100% safe
from unauthorised access or use;
b. You and Us do not know
what loss you may suffer as a consequence of sending Your Data via the Website
and we cannot foresee or predict all such loss. You accept that risk; and
c. an alternative is for You to give us Your Data
confidentially in a face to face meeting.
3.3
In relation to the
Material, You acknowledge and agree that because:
(a) the Material is for general purposes only; and
(b) the Material is not intended to be legal advice
to You, or to fit or address Your circumstances; and
(c) laws and legal processes change regularly which
may make the Material inaccurate or incorrect; and
(d) at the time You read the Material, We are not engaged by You to address or assist You with Your
legal problem (unless and until we agree in writing), then
You cannot rely on the currency
and accuracy of the Material and that we recommend that You always check with
Us whether the Material can be applied to Your circumstances before you take
any steps.
3.4
You also acknowledge
that:
(a) We will often change the Material and other content
of the Website including prices, descriptions of our services and other content
without notice and at any time; and
(b) if you send an inquiry via the Website including
Your Data to Us, that does not constitute instructions to Us or that We are engaged
by You. We will be engaged when You and Us formally agree that to be the case,
and not otherwise.
3.5
Because we recommend
that you always check with Us before relying or acting upon anything on the
Website and that We are not engaged by You to act or advise in Your specific
circumstances (unless and until We agree in writing), You accept and agree
that:
(a) We make no warranty or representation about this
Website or any of its content;
(b) We are not responsible to You or any third party
for any direct or consequential loss suffered in connection with the use of
this Website;
(c) to the maximum extent permitted by law, We are not liable to You for any loss, cost or expense that
You may suffer connected to Your Use of the Website.
3.6
You agree to indemnify
us and hold us harmless for any loss, cost or damage
that We incur due to Your breach of these Terms and Conditions.
4.
WEBSITE LINKS
You acknowledge that any
links on the Website:
(a) are not Our responsibility and you connect to
and transact with those outside Websites at your own
risk; and
(b) We provide no warranty, encouragement for You to
use, or endorsement of linked websites and content.
5.
GENERAL
5.1
This agreement is
governed by the law applying in Queensland. Each party irrevocably submits to
the exclusive jurisdiction of the courts of Queensland.
5.2
Any term of this
agreement which is wholly or partially void or unenforceable is severed to the
extent that it is void or unenforceable. The validity and enforceability of the
remainder of this agreement is not limited or otherwise affected.
5.3
An obligation or a
liability assumed by, or a right conferred on, two or more persons binds or
benefits them jointly and severally.
5.4
You agree not to assign
any of Your rights and obligations in this Agreement and that such rights and
obligations are personal to You. We may transfer the benefit of the rights or
obligations of this Agreement without notice to You, for example if We sell
this Website or transfer the content to another domain or Website host.
5.5
Interpretation
(a) Words in the singular includes the plural and vice versa;
(b) if a word or phrase is given a defined meaning,
any other grammatical form of that word or phrase has a corresponding meaning;
(c) headings and words in bold type are for
convenience only and do not affect interpretation;
(d) the word “includes” and similar words in any
form is not a word of limitation;
(e) no provision of this agreement will be
interpreted adversely to a party because that party was responsible for the
preparation of this agreement or that provision; and
(f) these Terms and Conditions are as published on
29 January 2023.
DW LEGAL PRIVACY POLICY
6.
PRIVACY ACT NOT YET APPLICABLE
The Privacy Act 1988 (Cth) (Privacy Act) requires entities bound by the
Australian Privacy Principles to have a privacy policy. As DW Legal is a ‘small
business operator’ under the Privacy Act as at 29
January 2023, the Privacy Act does not apply to Us and We do not choose to be
treated as an organisation for the purposes of the Act.
However, if We are
covered by the Privacy Act at any time, and for now, so that You can understand
how we intend to hold, use and disseminate your
personal information as if we are bound under the Privacy Act, we set our
proposed privacy policy as follows. This proposed policy is without prejudice
to the current legal position as at 29 January 2023
such that the Privacy Act does not apply to Us and subject to our rights to
change the policy when we choose.
7.
INFORMATION WE INTEND TO COLLECT FROM YOU
We intend to hold the
following information that You give us:
(a) Your name;
(b) contact details such as street and postal
address, telephone numbers and email address;
(c) Verification of Identity (VOI)
information such as your passport, birth or marriage certificate, drivers licence, Medicare or credit cards and such other
information to prove You are you;
(d) information about Your business and personal
circumstances including information about Your entities.
We do not intend to
hold, use or disseminate any ‘sensitive information’
as that is defined under the Privacy Act.
8.
HOW WE COLLECT YOUR INFORMATION
We will only collect
your personal information where you have consented to it, or otherwise in
accordance with the law. That may arise from:
(a) Our initial consultation with You, perhaps in
person, digital meetings or over the telephone;
(b) You contacting Us via
the Website;
(c) You sending, or
organising any person associated with You to send, Us that information. For
example, Your real estate agent may send Us your
property contract which includes Your contact details;
(d) web analytic tools such as ‘cookies’
or other similar tracking technologies. Cookies store information on your
computer or device that show the creator of the cookie when and how you
interact with a website. You can turn off cookies to disable the information
collection function in certain circumstances, usually by managing your browser
settings.
9.
HOW WE WILL USE YOUR PERSONAL INFORMATION
You agree to us
collecting and using your personal information that we receive for a variety of
purposes, including (without limitation):
(a) for use in your matter such as reporting to
authorities such as the Court as part of any proceedings You are involved in, Queensland
Revenue Office for stamp duty purposes, other legal compliance and PEXA for
contract settlement purposes;
(b) internal administration purposes such as invoicing;
(c) improving our services to You and others;
(d) providing other services to You and advertising
those services to You including by email, SMS or other
means. You can opt out of ;
(e) providing Your information to third parties for
the purpose of providing goods or services to you such as an accountant or
professional You engage as part of Your matter;
(f) any other purpose where you would reasonably
expect Us to use that information to interact with You, where you have
consented or not;
(g) any other purpose which is permitted or required
under applicable privacy laws.
10.
MARKETING
You agree to Us sending
you marketing information about Our services and other related information, so
long as we abide by the Spam Act 2003 (Cth) (Spam
Act), by any means that You can reasonably anticipate when You gave Us the
information. This includes email, SMS, mail and to Your social media
accounts.
You consent to us
sending You this marketing material except where you expressly opt out of
receiving this marketing material. You may opt out of receiving marketing
materials from us by using the opt-out facility that We provide or by
separately telling Us that You opt out.
11.
DISCLOSURE
You agree to us
disclosing Your information to:
(a) associated advisors such as barristers,
accountants and auditors;
(b) Our related entities; or
(c) any third parties to whom you consent to hold
Your personal information and to whom you consent to us disseminating Your
personal information, including:
a. cloud-service providers and IT professionals;
b. marketing agencies; and
c. debt collection agencies.
We agree to:
(d) take reasonable care to engage such third
parties who it will be reasonable to assume will take reasonable care and
maintain an acceptable standard of data security;
(e) require them not to use Your personal
information for any purpose except for those activities we have asked them to
perform on our behalf. You agree that may involve taking steps against You to
recover money that You owe Us;
(f) We agree to not disclose Your personal
information unless:
a. You have consented to us disclosing your
personal information for particular circumstances;
b. We are required to disclose under a subpoena,
other Court order or statutory requirement;
c. We cannot get your specific instructions but to
protect any right You have such as to defend any legal claim;
d. We reasonably believe that disclosure will
reduce a serious risk to health, safety of any individual or the community.
We will store your
personal information on servers located in Australia and as such, do not intend
for Your information to be disclosed overseas. However, you acknowledge:
(g) Our IT consultant and cloud service provider may
operate back up storage servers that are overseas; and
(h) We intend to monitor traffic web traffic
information via Google and other service providers, which stores information
overseas; and
(i) if you use a social media service such as
Facebook or Twitter, the social media provider and its partners may collect and
hold your personal information overseas.
You acknowledge that We
do not know about those overseas arrangements in any detail and that you give
us Your information knowing of that possible overseas usage and storage.
12.
SECURITY
We agree to take
reasonable steps to ensure Your information is secure and protected from misuse
or unauthorised access. Our information technology systems are password
protected, and we use the usual range of administrative and technical measures
to protect these systems that are used by professional service businesses.
However, We cannot guarantee the security of your
personal information and You engage Us on that basis.
13.
OBTAINING YOUR INFORMATION AND FEEDBACK
You can request Us to
delete or provide You with Your personal information at any time and We agree
to discuss with You the manner in which We may do
that.
Please contact Us at any
time to discuss this policy and anything related to your information that We
hold. Details:
Frank Dwyer: 5503 1711 or 0414 288 536
Current to 29 January
2023
