Carey Litigation Lawyers Pty Ltd ABN 65 682 756 823 (CLL) owns and operates this website (Website).

The following Website terms of use (Terms of Use) govern your access to and use of this Website and the services available through this Website (Services).

By using this Website and any related Services, you are agreeing to all of the Terms of Use, current at the time of your use of the Website.

1. Amendments to the Website Terms of Use

The CLL reserves the right to amend these Terms of Use from time to time at its discretion (Amendments). Amendments will be effective immediately. Where practicable we will endeavour to notify you of the Amendments to the Terms of Use. Your continued use of the Website following any such Amendment will represent an agreement by you to be bound by the Amendments to the Terms of Use. We suggest you check the Terms of Use regularly to ensure you are aware of the most up to date terms.

2. Website

Access to the Website is permitted on a temporary and limited basis for the purpose of browsing the Website and interacting with CLL. We reserve the right to withdraw or amend the Website without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

3. Linked Sites

This Website may contain links to other websites (Linked Sites), which are not operated by CLL. CLL has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of the Linked Sites. Your use of the Linked Sites will be subject to the Terms of Use and service contained within each such Linked Sites, if any.

4. Privacy policy

Our privacy policy, which sets out how we will use your information, can be found at https://www.careylitigation.law/privacy-policy/ (Privacy Policy). By using this Website, you consent to the processing described the Privacy Policy and warrant that all data provided by you is accurate.

5. Prohibitions

(a) Access to the Website is provided to you on the basis that you must not misuse this Website. Accordingly, you will not do any of the following:

(i) commit or encourage a criminal offence;

(ii) transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;

(iii) hack into any aspect of the Website; corrupt data; cause annoyance to other users;

(iv) maliciously interrupt the purchase of Services from the Website;

(v) infringe upon the rights of any other person's proprietary rights;

(vi) send any unsolicited advertising or promotional material (spam); or

(vii) attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

(b) You acknowledge that breaching this prohibitions clause may constitute an offence and, if breached, CLL will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

(c) CLL will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.

6. Intellectual property, software and content

The intellectual property rights in all Website content (including photographic images) made available to you on or through this Website remain the property of CLL or its licensors and are protected by copyright laws and treaties around the world. CLL and its licensor (where appropriate) reserve all such rights. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

7. General information only

You acknowledge that the information supplied in our website is general information only.  At all times, an individual or company should seek specific and tailored professional legal advice in relation to their particular set of circumstances.

8. Disclaimer of liability

(a) Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law (ACL), the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. By using this Website you acknowledge that CLL is not liable for any loss, economic or otherwise, that may arise from its use or reliance upon the material contained in this Website.

(b) To the fullest extent permitted by law, CLL hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute Services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

9. Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

10. Disclaimer as to ownership of trademarks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with CLL and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to CLL.

11. Indemnity

You agree to indemnify, defend and hold harmless CLL, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Use.

12. Variation

CLL must have the right in its absolute discretion at any time and without notice to amend, remove or vary any page of this Website.

13. Invalidity

If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/subclause or part of a clause/subclause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/subclause as is permitted by law.

14. Emailing us

Email addresses of CLL are not provided as a means of a prospective client to submit confidential information to us. By clicking the “submit” option and reading this website (including these Terms of Use and Privacy Policy), you acknowledge that we have no obligation to maintain the confidentiality of any information you submit to us unless we have already agreed to act for you or we later agree to do so. Thus, we may represent a third party in a matter adverse to you even if the information you submit to us could be used against you in the matter, and even if it is submitted in good faith to retain us.

You acknowledge that at no time does a lawyer/client relationship arise as a result of your use of our Website, and such a relationship will not arise until such time that we have agreed to act for you. In the circumstances, we suggest that you do not provide confidential information to us until after you confirm that we have no conflict and are able to act on your behalf.

15. Spam

Individual’s email addresses are contained on this website. This is not an invitation for spam mail to be sent to these addresses. It is the term of use of this Website that spam will not be forwarded to our addresses.

14. Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Complaints should be sent to enquiries@careylitigation.law.