Introduction:
Our website https://www.couldwelllegal.com.au (Website) is operated by Couldwell Legal Pty Ltd trading as Couldwell Legal (ABN 90 666 693 447) (“the Firm”).
Consent and Application of Terms:
By viewing and using our Website, you agree to these terms of use and our Privacy Policy (available on our Website)(Terms). Please read these Terms carefully. If you do not agree to the Terms you should immediately cease using our Website.
Personal information:
You may be required to provide personal information such as your full name, email address and contact number. You agree that all details provided by you in accessing our Website or contacting us via our Website are true and correct.
Your personal information is kept in accordance with our Privacy Policy (accessible on our Website).
All personal information you give the Firm Will be handled in a confidential manner in accordance with the Firm’s Privacy Policy. However, due to circumstances beyond the Firm’s control, the Firm cannot guarantee that all aspects of your use of this Website Will be confidential due to the potential ability of third parties to intercept and access such information.
General information only:
Materials and information on this Website (Content) is intended only to provide a summary and general overview on matters of interest. It is not intended to be comprehensive, nor to constitute legal, financial or other professional advice. It does not consider your specific needs, objectives or circumstances. We recommend you seek independent legal, financial or other professional advice prior to relying on any information or documentation provided on the Website.
Although the Firm aims to ensure that the content on this Website is current and accurate, there may be delays, errors or omissions that could affect its currency or accuracy. There may also be historical articles and other content on this Website which, though current at the time of writing, no longer reflect the present state of affairs or industry practice.
Your use of this Website, or the receipt of any information via this Website, is not intended to create, nor does it create, an advisor-client relationship between us.
Variations and Discontinuance:
We may, at any time and at our discretion, vary these Terms by publishing variations on our Website. We recommend that you check our Website regularly to ensure you are aware of our current terms. Content on this Website is subject to change without notice. We do not undertake to keep our Website up-to-date and we are not liable if any Content is inaccurate or out-of-date.
We reserve the right to, without prior notice to you, cease operation of our Website, either entirely or partially. We are not responsible for any Liability you may suffer as a result of any such discontinuance or exclusion.
Licence to use our Website:
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Website in accordance with these Terms. All other uses are prohibited without the Firm’s prior written consent.
Prohibited conduct:
You must not do or attempt to do anything that is unlawful; prohibited by any laws applicable to our Website; which we would consider inappropriate; or which might bring the Firm or our Website into disrepute.
Exclusion of Competitors:
You are not authorised to use our Website or its Content in a manner that directly competes with our business. Using our Website or any of its Content for commercial purposes on your own website or any other platform requires you to first obtain a license from the Firm.
Intellectual Property and Copyright:
All copyright to the Content, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on this Website or in connection with any goods, services or products provided by Couldwell Legal vests solely with Couldwell Legal. You must not use or replicate the Firm’s copyright material other than as permitted by law. Specifically, you must not use or replicate the Firm’s copyright material for commercial purposes unless expressly agreed to in writing by the Firm.
External Links:
This Website may contain links that direct you to Websites external to this Website (Links). Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. The Links are provided for your convenience and are not an express or implied indication of any endorsement or approval of the linked Website, its contents or any associated Website, product or service. You agree that the Firm Will not be liable for any loss or damage you may suffer as a result of your use of the Links.
Consumer Guarantees:
To the maximum extent permitted by law, any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or common law imposing any liability or obligation on the Firm are excluded under these terms and conditions. However, if a supply under these terms and conditions is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law (as contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth)), then nothing contained in these terms and conditions excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the maximum extent that the Australian Consumer Law permits the Firm to limit its liability, then the Firm’s liability is limited to:
- in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
- in the case of software or other goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
Except in the case of a ‘major failure’ (as that term is defined in the Australian Consumer Law), the Firm can elect as between the remedies set out in this clause.
Liability:
This Website, and all content and services provided or made available through this Website, are made available to you on an ‘as is’ and ‘as available’ basis.
You acknowledge and agree that to the maximum extent permitted by law, the Firm, makes no representations, warranties or guarantees in relation to the availability, suitability, continuity, reliability, accuracy, currency or security of this Website. The Firm Will not be liable if this Website (or any content made available through it) is incomplete, corrupted, inaccurate, outdated or incorrect, or if this Website, or any services provided or made available through it, are unavailable for any reason, including directly or indirectly as a result of:
- telecommunications unavailability, failure or fault (regardless of cause);
- any acts or omissions of third parties (including the Firm’s third party service providers);
- maintenance or repairs carried out by the Firm or any third party service provider in respect of any of the systems used in connection with the provision of this Website;
- any events beyond the Firm’s control; or
- services provided by third parties ceasing to be or becoming unavailable.
You also acknowledge and agree that to the maximum extent possible under law, the Firm does not represent, warrant or guarantee that this Website is free from computer viruses or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks.
The Firm excludes liability for all direct, indirect or consequential liabilities, losses, damages, costs and expenses (including, without limit, loss of revenue, loss of goodWill, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data or loss of anticipated savings or benefits), whether arising in contract, tort (including negligence) or otherwise, suffered or incurred by any person in connection with or in any way relating to this Website or any content or services provided or made available through this Website.
Indemnity:
You agree to indemnify the Firm from and against:
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
- any breach of the Terms.
Governing law:
These Terms and conditions are governed by and construed in accordance with the laws of Western Australia.
The Firm reserves the right to bring proceedings against you for breach of these terms and conditions, in any one or more of your country of residence and any other appropriate country or jurisdiction.