Terms of Use
Duly Served Legal & Consulting (ABN 86 859 344 526) (Duly Served) owns and operates this website. Access and use of this website, and the services and products available through this website, is subject to the terms and conditions in this document (Terms of Use).
In these Terms of Use “we”, “us” and “our” refers to Duly Served and “you” refers to any individual who uses this website or our services, including but not limited to prospective clients, current clients, job applicants, contractors and purchasers of our contract templates.
By using this website and/or our services, you are agreeing to all of these Terms of Use and acknowledge that these Terms of Use may be updated by us from time to time without notice to you. By continuing to use this website following any updates, you will be deemed to have accepted these Terms of Use as amended.
These Terms of Use apply in addition to any other agreement you have with us, including any costs agreement(s).
1. Disclaimer
The content on this website is of a general nature only and is not intended to be relied on as legal advice. We endeavour to ensure that content is up to date but cannot guarantee its accuracy or completeness. The law varies between Australian states, is constantly changing, and can be subject to differing interpretations. You should seek professional legal advice tailored to your individual circumstances.
Use of this website does not create a solicitor-client relationship between you and Duly Served or any of its officers or employees. We will not be liable for any loss or damage caused to you as a result of you taking, or refraining from taking, any action in reliance on any information on this website.
The internet is not always a secure and communications to and from this website may be intercepted or altered between us and you. We are not liable for any breaches of security and your use this website is at your own risk. We also do not warrant that this website is free from anything which may damage any device used by you to accesses this website.
2. Linked sites
This website may contain links to other websites owned by third parties which are not owned or operated by us. We have no control over third party sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of any third party sites accessed by links on our site shall be subject to the relevant terms of use contained within those sites.
3. Intellectual property
This website contains intellectual property, including copyright, owned by us or third parties. Unless permitted by law, you must not copy, reproduce, transmit, display or otherwise distribute any of that intellectual property in whole or in part without our prior written consent.
You are permitted to browse, download and print the content on this website for your personal use only, and this is not unlawful nor does it prejudice our reputation. We consent to you sharing a link to this website provided such sharing is not unlawful, does not prejudice our reputation and does not suggest there is a commercial relationship between you and us or that we endorse any of your products, services or opinions.
If you would like to use the intellectual property on this website for any other purposes, please contact us and we will consider your request.
4. Misuse of this website
You must not misuse this Website. You agree not to, and not to cause or encourage any other person to:
(i) commit 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;
(iv) corrupt data;
(v) cause annoyance to other users;
(vi) infringe upon the rights of any other person's proprietary rights;
(vii) send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
(viii) attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
Any breach of this clause may constitute a criminal offence. We will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
5. Limitation of Liability
To the extent permitted by law (including your rights under the Australian Consumer Law), we will not be liable for any direct or indirect loss, damage or expense, irrespective of how it occurs, which may be suffered due to your use of our website or the information or materials contained on it or as a result of the inaccessibility of our website or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
6. Indemnification
You indemnify and agree to keep indemnified us and our principal, directors, officers, employees, consultants, agents, and affiliates against any loss or damage or costs incurred by us in connection with your breach of these Terms of Use or of any other legal obligation by you or your use of this website.
7. Waiver
If we do not exercise or enforce any right or provision under these Terms of Use, it will not constitute a waiver of such right or provision. Any waiver of any provision under these Terms of Use will only be effective if it is in writing from us.
8. Severance
If any part of these Terms of Use is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of these Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible, where any clause or part of a clause 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 as is permitted by law.
9. Governing law
These Terms of Use are governed by and construed in accordance with the laws of Victoria, Australia. Any disputes concerning these Terms of Use shall be resolved by the courts of Victoria.
10. Privacy Policy
Our privacy policy, which sets out how we use your information, can be found here. By using this website and our services, you are agreeing to our privacy policy.