Dorrian & Co operates the Site and owns the documents, software and intellectual property which can be accessed through the Site. By accessing the Site, purchasing documents on it or using any of our Services, you are entering into a commercial agreement with us. You have no legal relationship with Dorrian & Co.
You are not Establishing a Lawyer-Client Relationship via accessing this website
By providing information to Dorrian & Co via this website or otherwise communicating information to Dorrian & Co, you are not establishing a lawyer-client relationship and the information you provide to us will not be afforded legal protection as lawyer-client communication. This means that while Dorrian & Co will protect the confidentiality in accordance with the policy described above, the information you provide is not protected under the laws relating to lawyer-client privilege and Dorrian & Co may be compelled to disclose information you provide in certain legal proceedings. Accordingly, you should not provide any information concerning your legal needs that you wish to be protected by lawyer-client privilege.
Lawyer Work Product and Other Legal Content
The lawyer work product and other legal content included in this website is provided “as is" and neither Dorrian & Co nor any Dorrian & Co lawyer makes any warranty (express or implied), representation or guarantee with respect to this Site. Certain content is maintained by sites other than Dorrian & Co, and Dorrian & Co is not responsible for such content. Dorrian & Co lawyers are not creating a lawyer-client or lawyer- lawyer relationship by providing legal content or other information on this Site.
Links to Third Party Resources
Third party resources that can be accessed with hypertext links from this site are not under the control of Dorrian & Co, and Dorrian & Co is not responsible for any of these third party resources. The third party hypertext links presented on this site are provided for your convenience only. The inclusion of any link on this site does not imply any recommendation, approval, or endorsement of that site by Dorrian & Co or any of Dorrian & Co’s independent lawyers. These links are not intended to state or imply that Dorrian & Co’s sponsors, affiliates, or associates are legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.
Compliance with Rules
In some jurisdictions this Site may be considered advertising. The hiring of a lawyer is an important decision that should not be based solely upon written information about the qualifications or experience of that lawyer. Dorrian & Co endeavours to comply with all legal and ethical requirements.
No Warranties; Disclaimer of Liability
This Site, and all information available on or accessed through it, is provided “as is." Dorrian & Co makes no warranties, representations, or claims of any kind concerning the information presented on or through this site. Dorrian & Co is not responsible for any loss, injury, demand, claim, liability, or damage of any kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising from use of the Site, whether from errors or omissions in the content of this Site or any other linked site, the Site being down, or any other use of the Site.
Clients may purchase documents from our Site (the Documents), on a pay-per-document basis, or may pay a subscription fee that entitles them to produce and download an unlimited number of Documents during the term of the subscription. You authorise us to charge the credit or debit card you supplied for your initial purchase on a monthly or annual basis. If we are unable to charge a credit or debit card that you have provided, you agree to provide the details of another credit card, or pay the amount owed in some other manner as agreed between yourself and us. You acknowledge and agree that if we are unable to charge a credit or debit card that you have provided, we will cease to provide Services to you and you will not be able to log into our Site until payment is made. All prices displayed on the Site are in Australian Dollars and are exclusive of GST unless otherwise stated. Our prices and payment methods may be amended from time to time in our discretion. Use of the Documents is affected by factors outside of our control, including the software on your computer.
You acknowledge and agree that:
1. the Site contains Documents which are licensed to us;
2. you are only permitted to use the Documents in the manner set out in these Terms and Conditions; and
3. copyright in the Documents belongs to Dorrian & Co as set out in these Terms and Conditions.
Once you have purchased a Document, either through a pay-per-document or subscription plan, you are permitted to:
1. download, save and amend the Document;
2. supply the Document to a lawyer for review and amendment; and
3. re-use the Document for your personal use or for the purposes of your business.
You agree not to:
1. use the Site or Services for unauthorised or unlawful purposes (unauthorised use of the Site and any of our Services may be a criminal offence and/or give rise to a claim for damages);
2. re-sell any Documents you have gained access to on this Site, which includes any Documents you have bought either on a per document basis or through a subscription;
3. re-sell or attempt to benefit in a commercial fashion from any of the content available on the Site;
4. post anything on the Site that is illegal, inappropriate, profane, obscene, defamatory, knowingly false and/or infringes copyright;
5. conduct surveys, contests, pyramid schemes or chain letters on the Site;
6. introduce any form of malicious software into the Site or Services; or
7. collect information about others on the Site without their consent.
You are not permitted to copy, reproduce, transmit electronically or otherwise use the Documents in whole or in part in order to re-sell them in any manner, whether in original form or amended in any way. The only exception to this is in relation to lawyers who have registered with us and requested and received written permission (including by email) to use the Documents as precedents.
We reserve the right to restrict or terminate your access to our Site and any of our Services at any time without notice.
Competitors, including companies offering online legal services or documents of any kind, are not permitted to access or use any Information or Documents accessible from us or on our website.
Cancellation by Us
Should we deem that you are acting contrary to the spirit of the Site, potentially using our Services for commercial gain, or in a manner which could damage our business and repute, we reserve the right to exclude you from the Site and/or cancel your subscription, and we are under no obligation to make any refund to you.
Intellectual Property and Moral Rights
You agree to provide information including Intellectual Property to us to enable us to provide the Services.
1. warrant that you have all necessary rights to provide the Intellectual Property to us;
2. grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use the Intellectual Property in any way we require to provide the Services to you; and
3. consent to any act or omission which would otherwise constitute an infringement of your Moral Rights.
If you (or any employee or agent) have Moral Rights in any Intellectual Property that you provide to us, you:
1. irrevocably consent to any amendment of the Intellectual Property in any manner by us for the purposes of providing Services to you;
2. irrevocably consent to us using or applying the Intellectual Property for the purposes of providing Services to you without any attribution of authorship;
3. agree that your consent extends to acts and omissions of any of our licensees and successors in title; and
4. agree that your consent is a genuine consent under the Copyright Act 1968 (Cth) and has not been induced by duress or any false or misleading statement.
Personal and Confidential Information
You consent to us providing information, including personal information and Confidential Information, to our related bodies corporate to provide information, products and services to you, and to third parties, including our agents, contractors and sub-contractors or consultants, who assist us in providing information, products and services to you. We and you, including employees and contractors, agree not to disclose Confidential Information to additional third parties; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; and only to use your Confidential Information for the purpose for which it was disclosed by you and not for any other purpose.
These obligations do not apply to Confidential Information that:
1. is authorised to be disclosed;
2. is in the public domain and/or is no longer confidential, except as a result of breach of these Terms and Conditions;
3. is received from a third party, except where there has been a breach of confidence; or
4. must be disclosed by law or by a regulatory authority including under subpoena.
5. The obligations under this clause will survive termination of these Terms and Conditions.
Feedback and Dispute Resolution
Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our Services, please contact us at email@example.com.
If there is a dispute between the Parties in relation to these Terms and Conditions, the Parties agree to the following dispute resolution procedure:
1. The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
2. If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.
Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms and Conditions, by law or in equity.
Dorrian & Co is an Equal Opportunity Employer
Our policy prohibits discriminatory practices or harassment against applicants or employees based on any legally impermissible basis including, but not necessarily limited to, race, color, religion, national origin, gender, age, sexual orientation, gender identity or expression, marital status, mental or physical disability, genetic information, family status, pregnancy, or any other basis protected by all applicable laws, regulations and guidance.
Limitation of Liability and Disclaimer
The information, including statements, opinions, documents and materials contained in this Site (Information) is for general information purposes only. The Information does not take into account your specific needs, objectives or circumstances, and it is not legal advice or services. Any reliance you place on the Information, and any use of the documents on the Site or our Services is at your own risk. If you are not satisfied with any part of the Site, our Services or these Terms and Conditions, you should contact us, and cease using the Services. Documents: You acknowledge that the Information and Documents may contain mistakes, inaccuracies and/or errors. Dorrian & Co expressly excludes any liability for such mistakes, inaccuracies and errors to the fullest extent permissible by law. You should carefully review any Document accessed or created through the Site to ensure that it does not contain any mistakes, inaccuracies or errors and is appropriate to your circumstances. We recommend that you obtain legal advice from a qualified solicitor if you are unsure whether a Document is appropriate to your circumstances. Services: It is your responsibility to ensure that any Services or Information available through the Site meet your specific requirements. Before acting on any Information, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice, where necessary. Information provided on the Site and Services must not be relied upon for legal decisions; you should instruct a solicitor for legal advice and services. Purpose: Dorrian & Co does not provide any representation, warranty, indemnity or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the Information or documents found or offered on this Site for any particular purpose. We give no warranty, indemnity or guarantee that the documents or Site are free of viruses. Currency and jurisdiction: The laws in each Australian jurisdiction vary between different jurisdictions, and are updated and amended from time to time. Although we seek to ensure that our documents are in line with the relevant laws and up to date, we make no such warranty or representation. We recommend that you obtain legal advice from a qualified solicitor in your jurisdiction in relation to all legal matters. Legal advice and services: We disclaim all responsibility and liability for the third party advice or provision of services, or failure to advise or provide services. No legal relationship exists between any user of this Site, Dorrian & Co or any of their related bodies corporate, including parent companies, subsidiaries or affiliates or their employees, directors or other officeholders. ACL: Certain legislation including the Australian Consumer Law (the ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (the Statutory Rights). Our liability is governed solely by the ACL and these Terms and Conditions. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights. Except for your Statutory Rights, all material and work is provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose. Consumer Guarantees: If you are a consumer as defined in the ACL, the following applies to you: We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates. Delay: Where the provision of Services depends on your information or response, we have no liability for a failure to perform the Services in this estimated period, which is affected by your delay in response, incomplete or incorrect information. Copyright Notice: This Site was created and designed by Dorrian & Co and is ©2015 by Dorrian & Co. All rights are reserved. Permission is granted to view, store, print, reproduce, and distribute any pages within the Site provided that (a) none of the pages is modified and (b) this page is included with any distribution. General: To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees, warranties and terms relating to the Information, Services and these Terms and Conditions, except as set out in these Terms and Conditions. To the maximum extent permitted by law, we are not and will not be liable or responsible for any expenses, losses, costs or damages (whether direct or indirect) caused to or incurred by any user of the Information, Site or our Services, including damages for loss of use and/or loss of data, arising out of the performance of the Site and/or Services. This clause will survive termination of these Terms and Conditions.
You are liable for and agree to indemnify, defend and hold us harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from: (i) any information that is not accurate, up to date or complete or is misleading or a misrepresentation; (ii) any breach of these Terms and Conditions; (iii) and any misuse of the Services; from or by you, your employees, contractors or agents. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. The obligations under this clause will survive termination of these Terms and Conditions.
We are not under any obligation to monitor any communications entered into regarding the Services, but we have the right to check and investigate any such communications. We reserve the right to revoke your ability to communicate on the Site and/or to use our Services immediately at any time for any reason. We do not endorse the content of any information posted on the Site other than that posted by one of employees or service providers.
We reserve the right to amend in any way we see fit the Documents, and the Terms and Conditions under which the Services are offered, including but not limited to the costs associated with the use of the Site, our Services and our refund policy, without notice to you. You agree that by continuing to use the Site and our Services after the date of any amendment to the Terms and Conditions you are agreeing to the relevant amendments.
Confidential Information includes confidential information about the business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, know-how, Intellectual Property, technology, and other information whether or not such information is reduced to a tangible form or marked in writing as “confidential”. Intellectual Property includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), registered and unregistered trademarks, designs (whether or not registered or registrable), circuit layouts, trade names, trade secrets, business names, company names or internet domain names. For questions and notices, please contact us at:
Dorrian & Co Lawyers
PO BOX 372
Double Bay NSW 1360
Last updated: 26 December 2015
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