Privacy Policy

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 www.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.

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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.

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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

                                    fdwyer@dwlegal.net.au

 

 

Current to 29 January 2023