Pre Condition To Use: Do not use this website unless you have read these terms, and accept that they will govern your right to use and access our website and all the documents, links and information contained on it. If you choose to use Blackett Maguire + Goldsmith’s website and download documents then Blackett Maguire + Goldsmith will regard that use as conclusive evidence of your agreement and acceptance that these terms govern yours and Blackett Maguire + Goldsmith’s rights and obligations to each other.
Amendment of Terms: Blackett Maguire + Goldsmith reserves the right to change these terms and conditions of use at any time and those changes shall take effect in respect of all subsequent uses by you of the website. You should therefore check these terms every time before you use the website and only if you accept these terms should you proceed to access and use the documents on the website.
Blackett Maguire + Goldsmith Does Not Give Legal Advice: Whilst the documents and information has been prepared by experienced legal practitioners in the fields of employment, commercial and corporate law Blackett Maguire + Goldsmith is not a legal practitioner and is not an incorporated legal practice. This website is not intended to give you legal advice or provide you with any legal services; it is intended to provide you with useful documents, links and information.
Consult Your Legal Practitioner: The law is different in each state and territory of Australia. If you are unsure as to any of the terms or any of the information or how it applies to your specific circumstances then you should consult your legal practitioner. Both the documents and the information we provide must necessarily be general and may not cover every situation that might arise. You should therefore use a legal practitioner for any specific problem that you might have or if you are unsure or do not understand any of the documents or information on the website.
Limitation On Blackett Maguire + Goldsmith’s Liability: It is an essential pre-condition to you using Blackett Maguire + Goldsmith’s website that you agree and accept that Blackett Maguire + Goldsmith is not legally responsible for any loss or damage you might suffer related to your use of the site, whether from errors or from omissions in our documents or information or from any other use of the website. In short, your use of the site is at your own risk.
Links To Other Websites: Blackett Maguire + Goldsmith has provided on its website links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Blackett Maguire + Goldsmith and the owners of those websites. Blackett Maguire + Goldsmith takes no responsibility for any of the content found on the linked websites. Blackett Maguire + Goldsmith’s website may contain information provided by third parties. Blackett Maguire + Goldsmith accepts no responsibility whatsoever for information or advice provided to you directly by third parties.
Competition and Consumer Act: For the purposes of Section 64 of the Competition and Consumer Act 2010 (Cth), Blackett Maguire + Goldsmith’s liability for any breach of a term of this agreement is limited to:-
(i) the supplying to you of the services again; or
(ii) the payment of the costs of having the services supplied to you again.
Express Disclaimers: To the fullest extent permitted by law, Blackett Maguire + Goldsmith absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Blackett Maguire + Goldsmith gives no warranty that the documents will be free of errors, or that defects will be corrected, or that Blackett Maguire + Goldsmith’s website or its server is free of viruses or any other harmful components. Blackett Maguire + Goldsmith does not warrant or make any representations regarding the use or the result of the use of any document, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise. It is your sole responsibility and not the responsibility of Blackett Maguire + Goldsmith to bear any entire costs of servicing, repairs, or correction. The applicable law in your state of territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you.
Business Consumers Only: The website has been designed and created to meet some of the needs of medium to large sized enterprises. It has not been designed or created for domestic consumers.
Third Parties Can Not Use Your Information: Blackett Maguire + Goldsmith does not sell or deal in personal or customer information. Blackett Maguire + Goldsmith may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. Blackett Maguire + Goldsmith may use the information that you provide to improve its website and its services.
Blackett Maguire + Goldsmith May Disclose: Blackett Maguire + Goldsmith may disclose information in good faith and where Blackett Maguire + Goldsmith is required to do so:-
(i) by law or by any court;
(ii) to enforce the terms of any of our customer agreements;
(iii) to protect the rights, property or safety of Blackett Maguire + Goldsmith, its customers or third parties;or
(iv) to banks or financial institutions with the purpose of preventing fraud and as proof of any transaction.
Jurisdiction: This agreement and this website are subject to the laws of New South Wales and Australia. If there is a dispute between you and Blackett Maguire + Goldsmith that results in litigation then you submit to the jurisdiction of the courts of New South Wales.
Exclusion of Competitors: If you are in the business of creating documents for the purpose of providing them for a fee to users, whether they be business users or domestic users then you are a competitor of Blackett Maguire + Goldsmith. Blackett Maguire + Goldsmith expressly excludes and does not permit you to use or access its website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then Blackett Maguire + Goldsmith will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from such unpermitted and improper use. Blackett Maguire + Goldsmith reserves the right to exclude and not permit any person from using its website or any of the documents and information contained on it.
Copyright And Restriction of Use: You are only permitted as a customer of Blackett Maguire + Goldsmith to use the documents downloaded from its website for the purposes of conducting your business. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the documents that you download from its website. You are permitted to download a copy of the documents and retain them on computers used in your business for any legitimate or proper purpose of conducting your business. Blackett Maguire + Goldsmith expressly reserves all copyright in its website and in all documents and information on its website.
Trademarks and Restriction of Use: You are not permitted to use any trade marks, tradenames, graphics or designs that are on Blackett Maguire + Goldsmith’s website. If you breach Blackett Maguire + Goldsmith’s trade marks then Blackett Maguire + Goldsmith reserve the right to take action against you.
Whole Agreement: These terms and conditions represent the whole agreement between you and Blackett Maguire + Goldsmith concerning your use and access to Blackett Maguire + Goldsmith’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which can not be expressly excluded are hereby expressly excluded.
Exclusion of Unenforceable Terms: Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed excision of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.