Disclamer
Terms and Conditions applicable to you using www.scherinilawyers.com.au.
You may also wish to peruse our Privacy Policy & Notice.
These Terms and Conditions are the contracts between you and Scherini Lawyers (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them. The material on our website (“Material”) has been prepared and compiled by Scherini Lawyers in good faith, is of general informational value only, and is not legal advice. If you want legal advice you must obtain specific advice to meet your circumstances.
The Material may be amended from time to time but no representation is made by Scherini Lawyers that any of the Material is current. The Material may be impacted by the laws in different jurisdictions.
Scherini Lawyers may amend these Terms and Conditions at any time. Please view this website for the latest version of our Terms and Conditions.
The Material and this website are not intended as advertising and Scherini Lawyers does not wish to represent anyone seeking representation based upon viewing the Material in the jurisdiction where the Material fails to comply with all laws and ethical rules of that jurisdiction.
By using this website and in consideration of us providing you with access to this website, you agree to the following Terms and Conditions of Use. We may change the Terms and Conditions of Use without notice. A version of the current Terms and Conditions of Use will be available on this website as they are changed. By continuing to use this website you accept the Terms and Conditions of Use as they apply from time to time.
Scherini Lawyers recognizes the importance of protecting the privacy of personal information and you should read our Privacy Policy.
1. Definitions
“Content” means the textual, visual, or audio content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos, and animations. It includes content such as advertising material, and all other product or service-related material Posted or provided by you to us.
“Our Website” means any website of ours, and includes all web pages controlled by us.
“Post” means place on or into Our Website or any external website any Content or material of any sort by any means.
“Product” means any item offered for sale on or via Our Website, whether physical goods, services, or downloads.
“Service” means all of the services available from or via Our Website, whether free or charged.
2. How we handle your Content
- If you Post Content to any public area of the internet it becomes available in the public domain. We have no control over who sees it or what anyone does with it.
- You now irrevocably authorize us to publish any Post Content, feedback, comments, and ratings by you of our Products and services.
- We will use that license only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
- You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;
- You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
- Notify us of any security breach or unauthorized use of your account.
3. Restrictions on what you may Post to Our Website
We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website, and to comply with the law.
We do not undertake to moderate or check every activity using our website.
You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity that is or may:
- be unlawful, or tend to incite another person to commit a crime;
- be obscene, offensive, threatening, violent, malicious or defamatory;
- be sexually explicit or pornographic;
- be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age, or affiliation with any person;
- use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement.
4. Your Posting: restricted content
In addition to the restrictions set out above, a Posting must not contain:
- the name, logo, or trademark of ours.
- inaccurate, false, or misleading information.
5. Security of Our Website
If you violate Our Website we may take legal action against you.
You now agree that you will not, and will not allow any other person to:
- modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
- link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
- download any part of Our Website for any purpose other than to engage our services, without our express written consent;
- collect or use any product listings, descriptions, or prices other than to engage our services;
- collect or use any information obtained from or about Our Website or the Content except as intended by this agreement other than to engage our services;
- aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
- share with a third party any login credentials to Our Website.
6. Copyright and other intellectual property rights
- This website, including its design, layout, text, and images (“Scherini Lawyers Material”) and all intellectual property rights in Scherini Lawyers Material are owned by or licensed to Scherini Lawyers (“Scherini Lawyers”). All Scherini Lawyers’ rights are reserved. Except for the purposes of viewing this website, Scherini Lawyer’s Material may not be reproduced, transmitted, adapted, distributed, sold, modified, published, or stored by you other than with the written consent of Scherini Lawyers or as permitted under the Copyright Act 1968. Scherini Lawyers is the owner of several registered and unregistered trademarks which appear on this website. All Scherini Lawyers’ rights in those trademarks are reserved.
- You may not copy, modify, publish, transmit, create derivative works from, or in any way exploit any of the content, except as is expressly permitted in this agreement or with our written consent.
- For the sake of good order, you should note that copyright exists in compilations and graphic images, shapes, and styles, as well as in raw text.
7. Third Party Websites
This website may contain links to, or display content from, third-party websites (“Third Party Material”). Scherini Lawyers makes no warranties or representations regarding the quality, accuracy, or completeness of Third Party Material or that Third Party Material does not infringe the intellectual property rights of any person. Scherini Lawyers is not authorizing the reproduction of Third Party Material by linking to or framing third-party websites. Links are provided for your convenience only. Scherini Lawyers does not endorse or approve Third Party Material or the conduct of third-party websites. Accessing links to third-party websites and use of, or reliance upon, Third Party Material is solely at your own risk. Scherini Lawyers accepts no responsibility and will not be liable for any loss or damage whatsoever suffered as a result of accessing, use of, or reliance upon Third Party Material.
8. Interruption to the Service
- We give no warranty that the Service will be satisfactory to you.
- We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our Service for repairs, maintenance, or other good reasons. We may do so without telling you first.
- You acknowledge that our Service may also be interrupted for reasons beyond our control.
- You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Service.
9. Our disclaimers
- Our liability is limited by a scheme approved under Professional Standards Legislation.
- Scherini Lawyers accepts no responsibility, and shall not be liable for, any damage to, or viruses that may infect your computer equipment or other property on account of your use of this website.
- We are not responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure) or any other indirect or consequential loss whatever.
- We are not liable in any circumstances for damages resulting from loss of use, loss of data, or loss of revenues or profits, whether in an action of contract, negligence, or otherwise, arising out of or in connection with your use of Our Website.
- Our Website and Services are provided “as is”. As to Our Website and Services, we make no representation or warranty of any kind, express or implied, including, without limitations, warranties:
- as to the fitness of Our Website and Service for a particular purpose;
- as to availability and accessibility, without interruption, or without error;
- any obligation, liability, or remedy in tort whether or not arising from our negligence.
- Although every reasonable effort has been made to ensure that Scherini Lawyers Material is accurate and up-to-date, Scherini Lawyers does not warrant the quality, accuracy, or completeness of Scherini Lawyers Material contained on this website. The information on this website is not intended to be a complete and current statement of the law and is not, and should not be relied upon as, legal advice. If you place any reliance on Scherini Lawyers Material, you do so solely at your own risk. Your use of this website is not intended to and does not create any relationship of client-solicitor between you and Scherini Lawyers.
- Scherini Lawyers will not be liable in any way whatsoever (including for negligence) for any loss, damage (including incidental, special, or consequential damages), costs, or expenses suffered, arising out of, or in any way connected with (a) Scherini Lawyers Material; or (b) Third Party Material, to the extent permitted by law. All warranties and conditions (whether express or implied) are hereby excluded to the extent permitted by law. You may have rights under the Australian Consumer Law or other rights in relation to the supply of services that cannot lawfully be excluded by Scherini Lawyers (Non-excludable Rights). To the extent permitted by law, Scherini Lawyer’s liability in respect of any Non-excludable Rights shall be limited, at Scherini Lawyer’s option, to the supply of the services again, or the payment of the cost of having them supplied again.
- You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and us in relation to the use of Our Website or any Service.
10. Your indemnity to us
You agree to indemnify us against all loss and expense, including legal fees and management time related in any way to:- a claim by any person in respect of any defamatory or disparaging Post Content published by you on the worldwide web;
- protecting the reputation of our business by our making a payment to anyone in circumstances where you have committed and unlawful act in contravention of these Terms and Conditions;
- any cost to us arising from a decision by us to comply as your agent, with any obligation of yours, whether or not we have your permission, arising out of any regulation or law, including:
- the deletion or amendment of any text or other content you have placed on Our Website or on any other site;
- any payment we make on an ex gratia basis, arising from an unlawful act between you and any third party;
- a claim or assessment or order to pay tax based on any sum paid by us that would otherwise be your liability.
- legal or other fees we incur in defending a claim or the imposition of a fine or penalty as a result of any unlawful act by you or breach of these Terms and Conditions;
- our management time in dealing with any failure or alleged failure by you to comply with any relevant regulation or law or our Terms and Conditions.
11. Miscellaneous matters
1. You undertake to provide us your full legal name, current land address, e-mail address, date of birth and telephone number as often as they are changed together with all information that we may require to enable us to fulfil our obligations under these Terms and Conditions and our Privacy Policy and otherwise endeavour to provide our legal service to you.
2. So far as any time, date or period is mentioned in this agreement, time shall be of the essence.
3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
4. If you are in breach of any term of this agreement, we may:
4.1 publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
4.2 terminate your retainer, and account and refuse access to Our Website;
4.3 Remove or edit Content within our control or cancel any request by you for our services at our discretion.
5. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
6. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
7. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
8. Any communication to be served on either of us by the other shall be delivered by hand or sent by express post or recorded delivery or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand to our ASIC-registered address: on the day of delivery;
if sent by post to our ASIC registered correct address: within 120 hours (5 business days) of posting;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
9. In the event of a dispute between us, then, if we so ask, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
10. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
11. We shall not be liable for any failure or delay in our performance of this agreement that is caused by circumstances beyond our reasonable control, including any labour dispute.
12. In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
13. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods and Related Transactions, the application of which is hereby expressly excluded.
14. The validity, construction and performance of this agreement shall be governed by the laws in force in the State of Victoria, Australia and you irrevocably agree that any dispute arising from it shall be litigated only in that State and submit to the exclusive jurisdiction of the courts of Victoria Australia and all courts of appeal from them, for determining any dispute concerning these terms and conditions.
12. Further Information
- If you have any queries or would like further information about our website’s terms and conditions of use, please contact us.
