Terms & Conditions

1. Conditions of Use

  • 1.1 Ownership. This website is owned and managed by Brien Leibinger Lawyers (ABN 20 346 676 130) of , 2/192 Mulgrave Road, Cairns, QLD, Australia, 4870.
  • 1.2 Structure. This document contains the terms and conditions which apply to your use of the website. These are divided:
    (a) Part A – General Terms and Conditions of Use which apply to all access and use of our websites; and
    (b) Part B – Terms and Conditions of Sale, Support and Service (which apply in addition to Part A) but only in respect of certain functionality contained our www.leibingerlawyers.com.au website.
  • 1.3 Acceptance. Your use of this website is governed by these terms and conditions. By participating and continuing to use this website you agree to these terms and conditions. If you do not agree to these terms and conditions you are not authorised to use this website.

2. Non-excludable Rights

  • 2.1 Definition. The Trade Practices Act (and similar State and Territory legislation) and the Copyright Act in Australia may confer rights and remedies on you in relation to copyright material or the supply of goods and services which cannot be excluded, modified or restricted (the Non-excludable Rights).
  • 2.2 Non-excludable Rights not effected. Notwithstanding any other provision contained herein nothing in this document shall be construed as removing or modifying the Non-excludable Rights.

3. Copyright

  • 3.1 Copyright. All material on this website is subject to our copyright or that of our licensors. You must not reproduce, transfer or hyperlink any of the material contained on this web site without our prior written consent, except that you may:
    (a) download a copy of this website to the local hard drive of the computer used to access the site;
    (b) print extracts of this website, but only for your personal or non-competing internal business use; and
    (c) download and use the software made available for download on this website provided that you agree that your rights are limited to those of a licensee, you comply with any license conditions contained therein, and subject to your Non-excludable Rights you do not reverse engineer, reproduce, adapt or transfer the software or cause or allow any third party to do the same. Subject to the Non-excludable Rights, the only warranties granted in relation to this software are those expressly set out in the applicable licence agreement.

4. Liability and Indemnity

  • 4.1 Limitation of Liability. To the extent permitted by law, our liability for any breach of contract, tort (including negligence) or breach of statutory duty is limited, at our option, to: (a) in the case of services supplied or offered by us: (i) the re-supply of those services; or (ii) the payment of the cost of having those services re-supplied; and (b) in the case of goods (including software) supplied or offered by us: (i) the replacement of the goods or the supply of equivalent goods; or (ii) the repair of the goods; (iii) the payment of the cost of having the goods replaced; or (iv) the payment of the cost of having the goods repaired.
  • 4.2 No Special Damages. You agree that, subject to your Non-excludable Rights, in no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits of whatever nature (including without limitation those concerning the loss or corruption of data) howsoever arising, including from: (a) the use of or access to, or any inability to use or access the website or any material on the website; or (b) unauthorised access to or alterations of your transmissions or data.
  • 4.3 Indemnity. You indemnify us and hold us harmless from and against all losses, actions, claims, suits, demands, liabilities, costs or expenses arising out of or in any way connected to your use of this website.
  • 4.4 Survivorship. The rights in this Clause 4 survive cessation of access to this website.

5. Disclaimers

  • 5.1 General Disclaimer. While we endeavour to ensure the accuracy and completeness of the information contained on this website and to ensure constant uninterrupted access to it, we make no warranties and subject to your Non-excludable Rights accept no responsibility for any loss or damage you may suffer as a result or your reliance on any part of it or for any delay or disruption however caused.
  • 5.2 Specific Disclaimers. In particular, we make no representations or warranties and subject to the Non-excludable Rights exclude all liability in relation to: (a) any of the material on this website (including any as to the quality, accuracy, completeness or fitness for any particular purpose of such material); (b) any material of any other web site referred to or accessed by a hyperlink through this website. We do not endorse or approve the material of any linked website, nor will we have any liability in connection with any linked third party website howsoever arising; or (c) any which is downloadable from this website. You must take your own precautions in respect of virus detection and the responsibility for any harmful code that may be introduced into your system by using this website.

6. Privacy

  • Use of any personal data that you provide to us is governed by our Privacy Policy.

7. Miscellaneous

  • 7.1 Compliance with the Law. You must comply with all applicable laws when using this website.
  • 7.2 Force Majeure. Neither party shall be liable for any delay in performing its obligations if and to the extent that such delay is caused by circumstances beyond its reasonable control.
  • 7.3 Variations. These Terms may be varied from time to time. Please ensure that you review these Terms regularly as you will be deemed to have accepted a variation if you continue to use the website after it has been amended.
  • 7.4 Termination. We can terminate your right to access our websites or any part thereof at any time for any reason without notice.
  • 7.5 Applicable law. These Terms will be governed by and construed in accordance with the laws of the state of Queensland, Australia.

© Brien Leibinger Lawyers 2021

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