Terms and conditions of use
In this Deed:
Account means any account, portal or other login provided to or through our website from time to time.
Business Day means a day which is not a Saturday, Sunday or public holiday in Western Australia.
Claim includes any claim (including for any Loss), demand, action, suit and proceeding of whatever nature and however arising including claims arising in equity or tort (including negligence) or under contract or any Law or otherwise, whether present, future or contingent.
Deed means this instrument.
Law includes any present or future laws including statutes, codes, regulations, rules, orders, standards, constitutional provisions, proclamations, ordinances, subordinate legislation, rulings, guidelines, by-laws, industry codes of conduct and other voluntary standards, judgements and the common law.
Loss includes any loss, financial loss, liability, damages, compensation, Tax, fees, charges, costs and expenses (including solicitors’ costs and expenses) and interest on any of these.
Materials means all information, instruments, documents, agreements, terms, text, works, drawings, designs, plans, photographs, images, graphics, colours, logos, videos, audio and audio-visual materials, scripts, files, software, coding, metadata and materials in, on or relating to our website, including this Deed.
Party and Parties mean, respectively, a party or parties to this Deed.
Related Persons means all our agents, employees, contractors, advisers, consultants, directors, company secretary, officers, other board members or office holders, shareholders and any related party (as that term is defined in the Corporations Act 2001 (Cth)).
Trust means the Cockman Family Trust (ABN 20 458 858 381).
Trust Property means any property of the Trust from time to time.
We, us and our means Justice Legal Pty Ltd (ACN 620 758 643) ATFT Cockman Family Trust (ABN 20 458 858 381).
You and your means you or any person on whose behalf you act.
In this Deed, a heading is used for convenience only and does not affect the interpretation of this Deed, and, unless inconsistent with the context:
- each reference to “our website” in this Deed includes any Account;
- if a word or phrase is defined, then its other grammatical forms have a corresponding meaning;
- the singular includes the plural and vice versa;
- a reference to a gender includes any gender;
- a reference to a clause or page is a reference to a clause or page in this Deed;
- a reference to a paragraph in a clause or definition is a reference to a paragraph in that clause or definition;
- the words “includes” and “including” are not words of limitation and do not restrict the interpretation of a word or phrase in this Deed;
- a reference to a document includes a variation or replacement of it;
- a reference to a Law includes any modification or re-enactment of it;
- a reference to person includes:
- an individual, a body corporate, a trust, a partnership, a joint venture, an unincorporated body or other entity, whether it is a separate legal entity or not; and
- that person’s executors, administrators, personal representatives, successors and assigns;
- a reference to a thing, including a right, is a reference to either the whole thing or a part of the thing;
- an agreement, representation or warranty in favour of or on the part of two or more persons, benefits or binds them jointly and severally;
- a reference to time is to Perth, Western Australia time;
- no provision or expression is to be construed against a Party on the basis that the Party (or its advisers) was responsible for its drafting; and
- if the date on which a thing must be done is not a Business Day, then that thing must be done on the next Business Day.
3. Binding Agreement
- This Deed governs your use of our website.
- By using our website, registering with our website or creating an Account, submitting any Materials to or through our website or using any of our website services, you agree to this Deed in full and become a party to this Deed with us.
- You must be at least 18 years of age to use our website. By agreeing to this Deed, you represent and warrant to us that you are at least 18 years of age.
- You agree that nothing in this Deed, including registering for any Account, is an agreement by us to act on your behalf in any capacity and that any such agreement to act will be the subject of a separate engagement and costs agreement.
- Our website and all Materials are Copyright © 2020 to us.
- Subject to this Deed, we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the Materials and all such rights are reserved.
- Subject to this Deed, you may:
- view pages from our website in a web browser;
- download pages from our website for caching in a web browser;
- print pages from our website;
- stream audio and video files from our website;
- use our website services by means of a web browser; and
- retain a copy of this Deed for record keeping purposes only.
- Unless permitted by paragraph (a) or other provisions of this Deed, you must not download any Materials from our website or save any such Materials to your computer.
- You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
- Subject to this Deed, you must not edit or otherwise modify any Materials on our website.
- Unless you own or control the relevant rights in the Materials or you obtain our written consent (which may be withheld or delayed or the subject of any conditions in our absolute discretion), you must not:
- republish any Materials from our website (including republication on another website) in any medium;
- sell, rent or sub-license any Materials from our website;
- show any Materials from our website in public, in any public broadcast or in any media;
- exploit any Materials from our website for a commercial purpose; or
- redistribute any Materials from our website.
- We reserve the right to restrict access to our website, any webpage or Materials in or on our website, or any other area of our website, in our absolute discretion and you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
- Subject to this Deed, you may:
6. Use of our website
- You must not:
- use our website in any way or take any action that causes, or may cause, damage to our website or impairment of the performance, availability or accessibility of our website;
- use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; and
- use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
- You must not use data collected from our website to contact individuals, companies or other persons or entities.
- You must ensure that all the information you supply to us to or through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
- You must comply with any Law relating to our website.
- You must not:
- This clause applies if at any time we have or provide an Account to or through our website.
- You may register for an Account by completing any registration process created for this purpose including completing and submitting any forms and clicking on any verification link in an email sent to you or inputting any code sent to you by email or phone.
- Unless we otherwise agree in writing, you must not allow any other person to use your Account or provide any other person with any access details.
- You must notify us in writing immediately if you become aware of any unauthorised use of your Account.
- You must not use any other person’s Account.
- If you are provided with a username or password in relation to an Account, you must comply with any requirements or limitations from time to time relating to the content of the username or password and agree that we may change such requirements or limitations over time in our absolute discretion.
- You agree that we may require you to reset your username or password at any time and you must comply with any such request.
- We may suspend, cancel, edit or delete your Account or Account details at any time in our absolute discretion without notice or explanation.
- If we do suspend, cancel, edit or delete your Account, unless we otherwise agree in writing, you must not circumvent or bypass, or attempt to circumvent or bypass, the suspension, cancellation, editing or deletion in any way including by creating or using or attempting to create or use a different or new Account.
- Your username and password must not be liable to mislead, must be genuine and created in good faith, and you must not use your Account or username or password for or in connection with the impersonation of any person or relating to the commission of any crime or other undesirable event, act, matter or thing.
- You must notify us in writing immediately if you become aware of any disclosure of your password to any other person.
- You are responsible for any activity on our website arising out of any failure to keep your password confidential.
- You indemnify us and keep us indemnified against any Claim or Loss we suffer or incur arising from or in connection with the disclosure of your password to any other person including if the disclosure is obtained by any person without your knowledge including by way of spyware, a computer virus, a Trojan horse, a worm, a keystroke logger, a rootkit or any other malicious computer software or cyber-attack.
- You release us from, and hold us harmless against, any Claim or Loss you suffer or incur arising from or in connection with the disclosure of your password to any other person including if the disclosure is obtained by any person without your knowledge including by way of spyware, a computer virus, a Trojan horse, a worm, a keystroke logger, a rootkit or any other malicious computer software or cyber-attack.
8. Representations and Warranties by You
- You represent and warrant to us that you have full legal capacity and power to enter into and exercise your rights and perform your obligations under this Deed.
- If you are trustee of a trust, you represent and warrant to us that:
- you were validly appointed as trustee of the trust and you have executed this Deed as trustee of the trust;
- you are the sole trustee of the trust;
- you have the power under the trust deed and other documents establishing the trust to enter into and comply with your obligations under this Deed;
- you have an unrestricted and unlimited right to the extent permitted by the trust deed and other documents establishing the trust to be fully indemnified out of the assets of the trust;
- this Deed is binding on you personally and as trustee of the trust; and
- the assets of the trust are sufficient to satisfy the right of indemnity and all other obligations in respect of which you are entitled to be indemnified out of those assets.
9. No Representations and Warranties by Us
- To the extent permitted by any Law, any representations or warranties implied by any Law on us are excluded from this Deed.
- Except as expressly provided in this Deed, we make no representations or warranties under this Deed.
- You acknowledge and agree that you enter into this Deed without relying on any warranty, promise or statement of or by us or any person acting or purportedly acting on our behalf including relating to or arising in connection with:
- the completeness, accuracy or content of the Materials;
- whether the Materials are up to date; and
- whether our website or any of our website services are or will remain available.
- We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our absolute discretion without notice or explanation.
- You acknowledge and agree that none of the Materials are or constitute legal advice to you or any other person and are not to be, and must not be, relied upon in any way.
- You release us from, and hold us harmless against, any Claim or Loss you suffer or incur arising from or in connection with us discontinuing or altering any or all of our website services and stopping the publication of our website for any reason at any time.
10. No liability
- Subject to paragraph (d), you agree that at no time and under no circumstance (including by our own negligence or breach of this Deed) are we or our Related Persons liable to you or any other person for any Claim or Loss for any reason including relating to or arising in connection with you or any other person using our website, registering with our website or creating an Account, submitting any Materials to or through our website or using any of our website services.
- Without limiting paragraph (a), but subject to paragraph (d), you agree that at no time and under no circumstance (including by our own negligence or breach of this Deed) are we or our Related Persons liable to you or any other person for any consequential loss for any reason including relating to or arising in connection with you or any other person using our website, registering with our website or creating an Account, submitting any Materials to or through our website or using any of our website services.
- Subject to paragraph (d), you agree that at no time and under no circumstance (including by our own negligence or breach of this Deed) are we or our Related Persons liable to you or any other person for any Claim or Loss relating to or arising in connection with the loss or corruption of any data, metadata, database or software.
- Nothing in this Deed limits or excludes any liability for death or personal injury resulting from our negligence, any liability for fraud or fraudulent misrepresentation by us or any liability that cannot be limited or excluded under any applicable Law.
- In this clause, “consequential loss” includes indirect, remote or unforeseeable loss, including, without limitation, consequential loss, economic loss, financial loss, deferment of income, loss of profit, loss of denial of opportunity, loss of access to markets, loss of goodwill, loss of business reputation, future reputation or publicity, damage to credit rating, punitive, consequential or special damages, whether or not in the reasonable contemplation of the Parties at the time of entering into this Deed.
11. Limitation of Liability
- To the extent permitted by Law:
- our liability to you under this Deed or at Law is limited to the extent to which the liability can be satisfied out of the Trust Property by us exercising our right of indemnity out of the Trust Property;
- this limitation of our liability applies despite any other provision of this Deed or any Law to the contrary and extends to all our liabilities and obligations;
- you may not seek to recover any amounts owing to you under this Deed or at Law by bringing proceedings against Justice Legal Pty Ltd (ACN 620 758 643) or its Related Persons personally or applying to have Justice Legal Pty Ltd (ACN 620 758 643) wound up; and
- we are not obliged to do or not do any act, matter or thing, including execute any instrument, document or agreement or incur any liability, in connection with this Deed or at Law unless our liability is limited in a manner which is consistent with this clause.
- Liability limited by a scheme approved under Professional Standards Legislation.
- To the extent permitted by Law:
Without limiting any of our other rights under this Deed or at Law, if you are in breach of this Deed in any way, or we reasonably suspect that you have breached this Deed in any way, we may:
- suspend, cancel or prohibit your access to our website or your Account temporarily or permanently;
- block computers using your IP address from accessing our website;
- contact any or all your internet service providers and request that they block your access to our website and share any information we have about you for this purpose; and
- commence legal action against you.
13. Variations to this Deed
- We may revise, vary, amend or replace this Deed from time to time in our absolute discretion and the revised, varied, amended or replacement deed or other terms and conditions of use governs and applies to your use of our website on and from the date of publication of the revised, varied, amended or replacement deed or other terms and conditions on our website.
- You waive any right you may otherwise have under any Law to be notified of, or to consent to, the revised, varied, amended or replacement deed or other terms and conditions.
- Unless otherwise stated in this Deed or any Law, any notice given, provided, made, sent or served by any person on a Party pursuant to this Deed or at Law must be in writing, signed and given by hand delivery, pre-paid or registered post, or email (including by way of an attachment to an email) in accordance with this clause 14.
- A notice may be addressed, delivered or transmitted to the Party to receive it at its registered office or principal office for the time being or:
- in our case, at the address or email then showing or published on our website; and
- in your case, at any address or email you provide to us or use in correspondence with us until it is changed in accordance with paragraph (e).
- Any notice that is:
- delivered personally will be deemed served or given upon delivery;
- sent by post will be deemed to be served or given on the third Business Day after the date of posting; and
- subject to paragraph (d), sent by email is deemed to be served or given on the day it was sent if that day is a Business Day and if sent before 4:00pm, or otherwise on the Business Day after it was sent, and the time and date shown on the email as the time and date the email was sent is deemed to be conclusive proof of that fact.
- Service of any notice by email is not effective if the Party receives a transmission report which shows that the transmission was unsuccessful, or the addressee notifies the Party sending the notice immediately that the notice was not fully received in a legible form.
- You may change your address or email for the receipt of notices at any time by giving us notice of any such change.
- A notice may be signed by a Party, a director or secretary of a Party or a Party’s duly appointed solicitors.
- Any requirement that a notice be ‘signed’ is deemed to be satisfied if the email sending or attaching the notice or the attachment contains the name of the person sending the notice and each Party consents to any requirement that a notice be ‘signed’ being met by the use of this method.
15. Governing clauses
- The law of Western Australia governs this Deed.
- The Parties submit to the exclusive jurisdiction of the courts of Western Australia, the Federal Circuit Court and the Federal Court of Australia.
- You must not assign, transfer or novate any right, obligation or interest in this Deed without our prior written consent which consent may be withheld in our absolute discretion.
- This Deed constitutes the entire agreement between the Parties and supersedes all previous discussions, undertakings and agreements.
- Our rights, powers and remedies under this Deed are in addition to other rights, powers and remedies given under Law independently of this Deed.
- All rights, powers, remedies, obligations, representations and warranties of a Party, or any other person referred to in this Deed, are to be construed independently of each other and are not limited by reference to each other.
- The Parties must promptly do all acts, matters and things reasonably necessary to give effect to this Deed.
- To the extent permitted under Law, this Deed prevails to the extent it is inconsistent with any Law.
- Subject to the Law, present or future legislation varying your obligations or adversely affecting our rights, powers or remedies, is excluded from this Deed.
- If a provision of this Deed is invalid, illegal or unenforceable, then to the extent of the invalidity, illegality or unenforceability, that provision must be ignored in the interpretation of this Deed. The remaining provisions of this Deed remain in full force and effect.
- Subject to clause 13(b), a Party granting a waiver of a right under this Deed must give written notice of that waiver to the Party which benefits from the waiver. A Party’s failure, partial failure or delay in exercising a right relating to this Deed is not a waiver of that right. A Party may not claim that another Party’s delay or failure to exercise a right relating to this Deed constitutes a waiver of that right or is a defence to its own action or inaction. The Parties may not waive or vary this paragraph.
- Any representation, warranty, guarantee or indemnity you have given to us under this Deed survives expiry or earlier termination of this Deed. It is not necessary for us to incur an expense or make payment before enforcing any right of indemnity under this Deed. To the extent that you have not satisfied an obligation under this Deed or it is a continuing obligation, that obligation survives termination of this Deed.
- This Deed is executed as a deed.