Introduction

This website, lawthentic.com.au (‘Website’) is owned and operated by Akpinar Co Pty Ltd trading as Lawthentic, ABN: 79 606 309 415 (collectively and individually referred to as ‘Lawthentic’, ‘we’, ‘us’, or when relating to us, ‘our’).

These Terms & Conditions (‘Terms’) govern use of our Website by the user (‘you’, or when relating to you, ‘your’).

Agreement to these Terms

These Terms form a binding contractual agreement between you and Lawthentic (each a ‘party’ and collectively the ‘parties’). These Terms incorporate the privacy policy of Lawthentic, which can be found here (‘Privacy Policy’). Please read these Terms carefully, in conjunction with our Privacy Policy.

By accessing, using, visiting, or browsing any part of our Website or blog, or by accessing, using, visiting, browsing, liking, following, or otherwise connecting with any social media accounts we manage, including but not limited to Facebook, Instagram, LinkedIn, Google, Twitter, and YouTube (‘Social Media Sites’) you acknowledge and agree that you have read, understood, and accept these Terms, and you agree to be bound by them.

If you do not agree to these Terms, please do not use our Website, blog, and Social Media Sites.

No legal advice

The content, information, and material contained on our Website, blog, and Social Media Sites:

• Is for general use and informational purposes only, and does not consider your specific circumstances, requirements, objectives, or obligations.
• Is made available on the basis that Lawthentic has not been engaged in rendering legal advice, and does not constitute nor is it intended to constitute a lawyer/client relationship between you and Lawthentic.
• Does not constitute legal advice from an Australian legal practitioner.
• Should not be relied upon as legal advice from an Australian legal practitioner.
• Should not be used as a substitute for legal advice from an Australian legal practitioner.

Before relying or acting on the content, information, and material on our Website, blog, and Social Media Sites, you should carefully evaluate the accuracy, availability, reliability, completeness, contemporariness, performance, or relevance for your purposes. Reliance on the content, information, and material on our Website, blog, and Social Media Sites is entirely at your own risk.

This section No legal advice, survives any termination of these Terms.

Content on our Website, blog, and Social Media Sites

We take proper care and precaution to ensure that all content, information, and material offered on our Website, blog, and Social Media Sites is accurate and up-to-date. We make every effort to maintain up-to-date content, information, and material on our Website, blog, and Social Media Sites, however due to the evolving nature of the law, there may be delays, errors, or omissions in content, information, and material which is not updated regularly.

We reserve the right to alter, amend, modify, restrict, terminate, or suspend any of the content, information, and material contained on our Website, blog, and Social Media Sites in our sole and absolute discretion, from time to time, without notice to you.

External Sites

Our Website, blog, and Social Media Sites may contain links to other external websites, which are owned or operated by third-parties (‘External Sites’). External Sites are provided for informational purposes only, which you may access in your sole and absolute discretion.

We do not control, endorse, recommend, sponsor, or approve External Sites. We cannot guarantee the accuracy, availability, reliability, completeness, contemporariness, performance, or relevance of the content, information, and material contained on External Sites. We are not responsible or liable for content, information, material, services, or products on External Sites, nor for its legality, originality and copyright, nor for any associated person, organisation, operator, service, or product.

External Sites are not subject to these Terms or to our Privacy Policy. Accordingly, you should check the terms and conditions and privacy policy contained on any External Sites you visit.

Linking to our Website is not permitted without our prior express written consent. We reserve the right to prevent third-parties from linking to our Website.

Website use

We grant you a non-exclusive, worldwide, non-transferable licence to use our Website in accordance with the terms and conditions set out in these Terms.

You may use our Website, including any incidental copying that occurs as part of that use, in the normal manner and may also print one copy of any page within our Website for your own personal, internal business, informational, and non-commercial use.

You acknowledge and agree that:

• We retain complete editorial control over our Website. We reserve the right to alter, amend, modify, restrict, terminate, or suspend operation of our Website, in our sole and absolute discretion, from time to time, without notice to you.
• Our Website will not operate on a continuous basis, and may be unavailable from time to time, including for maintenance purposes.

You acknowledge and agree to use our Website:

• In accordance with these Terms and with all applicable local, state, national, and international laws, regulations, rules, codes, or other legal obligations.
• For personal, internal business, informational, and non-commercial use only.
• In a manner that takes the necessary precautions to ensure the process you utilise to use or access our Website does not expose you to vulnerabilities, viruses, defects, or other harmful components that may damage your own computer system.
• In a manner that does not damage, incapacitate, circumvent security, place unreasonable burden, or otherwise disrupt the operation of our Website or the servers or networks that host our Website, nor interfere with any other party’s use of our Website.

You must not add any content to our Website unless you hold all necessary rights, licences, and consents to do so, including our prior express written consent.

You acknowledge and agree not to use our Website in a manner that:

• Would cause you or us to breach any local, state, national, and international law, regulation, rule, code, or other legal obligation.
• Is or could reasonably be considered to be obscene, inappropriate, defamatory, tortuous, disparaging, indecent, seditious, offensive, pornographic, harmful, threatening, abusive, stalking, harassing, liable to incite racial hatred, discriminatory, blasphemous, or otherwise offensive. This includes using our Website to communicate, publish, or distribute any material of such nature.
• Violates the rights of any third-party.
• Misleads, deceives, invades, or is in breach of another’s privacy or confidentiality.
• Infringes the copyright, trade marks, or other intellectual property rights of any third-party.
• Brings Lawthentic, its related body corporate, directors, representatives, officers, employees, agents, or contractors into disrepute, or brings our Website into disrepute.
• Gives the impression that content derives from Lawthentic, its related body corporate, directors, representatives, officers, employees, agents, or contractors.
• Scrapes, indexes, reproduces, redistributes, or republishes any part of our Website.
• Accesses, scrapes, or archives content such as scripting software, using automated means.
• Distributes or links to any malware or malicious code, including computer viruses, worms, trojan horses, logic bombs, spyware, adware or any other program that may disrupt, destroy, damage, harm, limit, circumvent security measures, or cause undesirable effects to the functionality of computer software, hardware, networks, or telecommunications systems.
• Manipulates, alters, or circumvents any prices listed on our Website.

We reserve the right to refuse to publish or remove any content, information, or material on our Website, blog, and Social Media Sites, which is found to be in breach of these Terms, copyright, or any other intellectual property rights, or which we deem in our opinion to be illegal or inappropriate.

We reserve the right to notify the relevant law enforcement authority regarding any fraudulent or illegal activity in the use of our Website.

No unsolicited communications

You must not send unsolicited communications, advertising, or promotional material, including spam, junk mail, chain letters, or pyramid schemes (whether in electronic or physical form) to Lawthentic, its related body corporate, directors, representatives, officers, employees, agents, or contractors, or to any third-party including our clients, customers, or third-party service providers.

The contact information provided on our Website, blog, and Social Media Sites, including email addresses, phone numbers, and postal/street addresses is strictly for professional purposes and must not be used for unsolicited communications, advertising, or promotional material.

The contact forms and mechanisms and any messaging system provided on our Website, blog, and Social Media Sites is strictly for professional purposes and must not be used for unsolicited communications, advertising, or promotional material.

Intellectual property rights

Lawthentic reserves all rights in relation to intellectual property on our Website, blog, and Social Media Sites. Nothing in these Terms gives you the right to use any of the intellectual property on our Website, blog, and Social Media Sites, nor does it constitute a transfer of any intellectual property rights.

You acknowledge and agree that, as between the parties, we own or licence all intellectual property featured or displayed on our Website, blog, and Social Media Sites, including but not limited to content, graphics, design, text, images, icons, layout, appearance, logos, distinctive brand features, trade marks, and software. This intellectual property is protected by Australian and international laws.

Except as may be otherwise indicated on our Website, you are authorised to view, play, print, and download content contained on our Website, blog, and Social Media Sites for personal, internal business, informational, and non-commercial purposes only.

Your use of our Website, blog, and Social Media Sites is subject to the Copyright Act 1968 (Cth) and any other similar laws. Except as permitted by applicable laws, you must not use, replicate, reproduce, publish, licence, store, convey, distribute, transmit, transfer, display, perform, create derivative works from, alter, modify, or sell any part of our Website, blog, and Social Media Sites or its content, information, or material without our prior express written consent, or in the case of third-party material, without the copyright owner’s prior express written consent.

The names, logos, or badges of any other organisations and/or their associated services or products contained on our Website, blog, and Social Media Sites may be trade marks of their respective owners and are used under licence with their consent.

By posting or adding any content onto our Website, blog, and Social Media Sites, you automatically grant us a perpetual, irrevocable, non-exclusive, royalty-free, worldwide, and transferrable right and licence to use, copy, display, and distribute the content in any way, to create derivative works of the content, or incorporate the content in other works so as to publish and promote the content, and permit us to authorise any other party to do the same thing. This includes, without limitation, publishing testimonials, comments, feedback, ideas, or suggestions on our Website, blog, and Social Media Sites. You expressly warrant and represent to us that you have all necessary rights to grant the licence set out in this paragraph. The licence in this paragraph survives any termination of these Terms.

You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third-party has moral rights, you must also ensure that the third-party also consents in the same manner. You expressly warrant and represent to us that you have all necessary rights to grant the consent set out in this paragraph.

Lawthentic trade marks

Lawthentic and Lawthentic. Legal advice to empower business are registered trade marks of Akpinar Co Pty Ltd. Usage of these trade marks is strictly prohibited without our prior express written consent.

Warranties

You expressly warrant and represent to us that:

• You are 18 years of age or over, and have full legal capacity to enter these Terms.
• You have had sufficient opportunity to access, read, understand, and accept these Terms.
• You will comply with these Terms and use our Website, blog, and Social Media Sites in accordance with these Terms and with all applicable laws, only for lawful purposes.
• All information you supply Lawthentic through our Website, blog, and Social Media Sites is true, accurate, complete, and up-to-date.

Limitation of liability and disclaimer

Our Website is provided on an ‘as is’ basis. We do not make any warranties or representations of any kind, express or implied, about the content, information, or material offered on our Website, blog, and Social Media Sites, and any External Sites, or to the accuracy, availability, reliability, completeness, contemporariness, performance, or relevance of any such content, information, or material, except as otherwise provided by applicable laws.

Use of our Website, blog, and Social Media Sites, and any External Sites is at your own risk. By using our Website, blog, and Social Media Sites, and any External Sites, you acknowledge and agree that to the full extent permitted by applicable laws, we are not liable to you or any third-party for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation:

• Damages for loss of profits, use, data, goodwill, interruption of business, or any other intangible losses arising from or connected with the use, performance, or reliability of our Website, blog, and Social Media Sites, and any External Sites.
• Delay or inability to use or rely on our Website, blog, and Social Media Sites, and any External Sites.
• Unauthorised access to our Website, blog, and Social Media Sites, and any External Sites.
• Alteration of any transmission of data.
• Any other matter related to our Website, blog, and Social Media Sites, and any External Sites.

You acknowledge and agree that we are not liable for any alterations, amendments, modifications, restrictions, or suspension of the content, information, or material made available on our Website, blog, and Social Media Sites, and any External Sites.

To the full extent permitted by applicable laws, we do not guarantee or accept any legal liability arising from or connected to the accuracy, availability, reliability, completeness, contemporariness, performance, or relevance of content, information, or material contained on our Website, blog, and Social Media Sites, and any External Sites.

We do not make any warranties or representations that our Website, blog, and Social Media Sites, and any External Sites is free from vulnerabilities, viruses, defects, or other harmful components that may damage your own computer system.

We do not guarantee secure or uninterrupted access to our Website, blog, and Social Media Sites, and any External Sites, and are not liable for unsecure or interrupted access resulting from technical difficulties beyond our control.

The opinions and views expressed on our blog and Social Media Sites reflect the personal opinions and views of the individual author and not the opinions or views of Lawthentic.

You assume full responsibility for the information you supply us. You acknowledge and agree that neither you nor any third-party may hold Lawthentic liable for any inaccuracies, errors, omissions, faults, delays, loss, or damage caused by incorrect information you supply us.

This section Limitation of liability and disclaimer, survives any termination of these Terms.

Limitation of liability – Law Society of New South Wales scheme

Liability limited by a scheme approved under Professional Standards Legislation.

Indemnity

You assume full responsibility and agree to indemnify, defend, and hold Lawthentic, its related body corporate, directors, representatives, officers, employees, agents, or contractors harmless for and against any and all liability or expense which may arise from all kinds of claims, liabilities, actions, proceedings, suits, judgements, losses, damages, litigation costs, and legal fees resulting directly or indirectly from:

• Your use of our Website, blog, and Social Media Sites or any damage you may cause to our Website, blog, and Social Media Sites.
• Any information you provide, either through our Website, blog, and Social Media Sites or otherwise, that is not accurate, complete or up-to-date, or is misleading or a misrepresentation.
• Your breach of these Terms.
• Any misuse of our services or products by you, your related body corporate, directors, representatives, officers, employees, agents, or contractors.
• Your breach of any law or third-party rights.

You agree to cooperate 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 Website, blog, and Social Media Sites, or our services or products, including but not limited to disputes, complaints, investigations, or litigation that arise out of or relate to incorrect information you have given us.

This section Indemnity, survives any termination of these Terms.

Confidentiality

We comply with our duties of confidentiality in accordance with the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (NSW).

Privacy

We comply with our obligations under the Privacy Act 1988 (Cth), including the Australian Privacy Principles and to the extent applicable with the European Union General Data Protection Regulation. Our Privacy Policy, as incorporated in these Terms can be found here.

Termination

We reserve the right in our sole and absolute discretion to suspend or terminate your access to our Website at any time, for any reason, including but not limited to breach of these Terms. Such suspension or termination will not affect either party’s rights or liabilities.

These Terms terminate automatically if, for any reason, we cease to operate our Website. We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way. If you breach these Terms, we reserve the right to take all necessary action, including legal action, to enforce our rights against you. All rights not expressly granted in these Terms are reserved.

Events beyond control

Neither party will be liable to the other party for any loss caused by any delay or failure to observe these Terms where such failure is occasioned by causes beyond a party’s reasonable control, including but not limited to acts of God, natural disaster, fire, flood, pandemic, riot, terrorism, strike, war, restrictions and prohibitions, and any other actions by any government or semi-government authorities.

Severability

If any part of these Terms is deemed invalid, illegal, void, unenforceable, or in conflict with any rule of law, statute, ordinance, or regulation, then it is to be read down or severed to the extent necessary and the remaining parts of these Terms will remain unaffected and continue in full force and effect.

Governing law

The validity, interpretation, and performance of these Terms are governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia to settle any claim or dispute which may arise out of or in relation to our Website or these Terms.

Waiver

If either party waives any right, remedy, or power under these Terms, this will not constitute a waiver of any other right, remedy, or power under these Terms. A waiver will only be effective if made in writing and only in respect of the specific instance to which it relates.

Merger

No term, condition, or obligation under these Terms merges on completion of any transaction contemplated by these Terms.

Assignment

You must not assign, transfer, or sub-licence any rights or obligations under these Terms to any other party. Lawthentic may assign, transfer, or sub-licence any rights or obligations under these Terms without consent or notice to you.

Sub-contracting

You acknowledge and agree that we may use a sub-contractor for the performance of any of our obligations under these Terms.

No agency

These Terms will not constitute or imply any agency, partnership, joint-venture, fiduciary relationship, or other relationship between the parties, other than the contractual relationship expressly provided for in these Terms. Neither party will have, not represent that it has, any authority to make any commitment on the other party’s behalf.

Costs

Each party must at its own cost and expense do everything reasonably necessary to give full effect to these Terms, and the events contemplated by it.

Entire agreement

These Terms and our Privacy Policy comprise the entire agreement and understanding between the parties on everything connected with the subject matter of these Terms, and supersede any prior understanding, discussion, arrangement, representation, inducement, undertaking, agreement, or warranty whether written or oral, and will have effect from the date of these Terms.

Updates to these Terms

We reserve the right to alter, amend, modify, or otherwise update these Terms in our sole and absolute discretion, from time to time, without notice to you. Updates will be effective immediately upon publication on our Website and replace any prior Website terms published by us. You should check this page from time to time to make sure you are aware of any updates.

By continuing to use our Website after publication of any updates, you acknowledge and agree that you have read, understood, and accept to be bound by these Terms as altered, amended, modified, or otherwise updated.

Last update: 29 October 2020