These terms are between you and Maurice Blackburn Pty Limited ACN 105 657 949 (Maurice Blackburn).
These are the terms on which Maurice Blackburn permits users (referred to as you or your) to:
(a) access and use the Maurice Blackburn website at https://www.mauriceblackburn.com.au/ including any subdomains (Website), and Maurice Blackburn's services and functionality made available through the Website; (b) view and interact with any content, Information, communications, advice, text or other material provided by Maurice Blackburn (MB Content); and (c) upload content, including information, content, text or other material to the Website (User Content); and (d) communicate with Maurice Blackburn.
You agree to be bound by these terms when you use, browse or access any part of the Website.
Maurice Blackburn may from time to time review and update these terms including to take account of new laws, products or technology. Your use of the Website will be governed by the most recent terms posted on the Website and provided to you via the Website. By continuing to use the Website, you agree to be bound by the most recent terms.
1. This Website is only a general guide to legal issues and it is not a substitute for legal advice.
2. Maurice Blackburn will not be liable for any damages (including direct, indirect, consequential, incidental and exemplary) in the event that this site is unavailable to users (by virtue of interruption, suspension or termination) for any reason, including due to computer or communications link downtime attributable to malfunction, upgrades or preventative or remedial maintenance activities.
3. To the maximum extent permitted by law and subject to clause 9, Maurice Blackburn will be under no liability to users in respect of any loss or damage (including consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly in respect of your use of the Website (including services and functionality made available through the Website, MB Content or User Content), including loss caused by Users’ failure to provide all the information required if applicable.
4. Although you may browse the Website without creating an account or providing your details, in order to access certain features and functionality of the Website, you may have to register as a user and obtain an account (Account) by providing all of the information required at registration (including your personal details) and agreeing to these terms. You warrant that you are of legal age to form a binding contract in the place where you are accessing the Website.
5. Maurice Blackburn accepts no liability whatsoever for the misuse of users' passwords and Accounts. You agree to notify Maurice Blackburn if your password is lost, stolen, disclosed to an unauthorised third party, or otherwise compromised. You agree that you are entirely responsible for any and all activities that occur under your Account.
6. Users shall not:
(a) bypass (or attempt to bypass) any security mechanisms imposed by the Website; (b) damage or tamper with the operation of the Website; (c) remove, modify or obscure any copyright, trade mark, or other proprietary right notices that appear on the Website; and (d) use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights.
9. These terms and conditions are subject to warranties and liabilities that cannot by law be disclaimed. Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot be excluded, restricted or modified by agreement. To the fullest extent permitted by law, the liability of Maurice Blackburn for a breach of such a non-excludable guarantee is limited to, at Maurice Blackburn’s option:
(a) the supplying of the services again; or (b) the payment of the cost of having the services supplied again.
10. Subject to clauses 3 and 9, the maximum aggregate liability of Maurice Blackburn for all losses and claims arising out of or in connection with the use of the Website including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of $100.
11. Maurice Blackburn does not provide and has no control over communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
12. Maurice Blackburn will not be liable for any loss caused by your failure to complete an application for our services via the Website.
13. These terms and conditions are subject to change at the sole discretion of Maurice Blackburn.
14. Users warrant that all information they provide on the site is accurate, does not breach any law or the rights of any person.
15. All intellectual property rights including copyright in the Website and MB Content is owned or licensed by Maurice Blackburn or any of its related entities. You may not sell or modify the material or reproduce, display, distribute, or otherwise use the MB Content on this Website in any way for any public or commercial purpose without the express written authorisation of Maurice Blackburn.
16. You shall not copy or adapt the code or software that Maurice Blackburn creates to generate its pages.
17. You shall not 'frame' or 'mirror' any materials or third party content contained on or accessible from the Maurice Blackburn site on any other server or internet based device without the advanced written authorisation of Maurice Blackburn.
18. Maurice Blackburn will not be liable for any damages (including direct, indirect, consequential, incidental and exemplary), if a user is not given, or does not obtain a job for any reason or if there is any deficiency or inaccuracy in the Website attributable to a lack of maintenance of the site or in relation to the accuracy, sufficiency or otherwise of your application for our professional services via the Website or your application for employment with Maurice Blackburn, which may be advertised on our Website from time to time.
19. All users warrant that they have not relied on any representation made by Maurice Blackburn which has not been expressly stated in these terms and conditions, or upon any descriptions, illustrations or specifications contained in any document including publicity material produced by Maurice Blackburn.
20. On lodging material, users indemnify Maurice Blackburn and its officers, employees and agents against any claim, demand, injury, direct or indirect damage, loss or cost, liability, right of action or claim for compensation in contract, under statute or in tort (including negligence) made against or suffered by any of those indemnified arising, in whole or in part, as a result of your application, or any activity that is expressed in these terms and conditions to be the responsibility of the user, or breach of these terms and conditions.
21. Maurice Blackburn does not monitor your data or transmissions, yet, Maurice Blackburn does actively monitor accounts for system utilisation. Upon any breach of these terms, or inappropriate use of Maurice Blackburn's services and the Website as determined by Maurice Blackburn in its sole discretion, Maurice Blackburn reserves the right to terminate your Account. Maurice Blackburn's preferred course of action is to advise you of your inappropriate use or breach of these terms and recommend any necessary corrective action.
22. The Website may contain links to other websites. We have not reviewed all of the third party websites linked on the Website and are not responsible for and will not be liable in respect of their content or accuracy (including websites linked through advertisements). Maurice Blackburn provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement, support or sponsorship of those web sites, their operators, the goods, services or content that they describe.
24. We make no representation or warranty that any offering or content accessible through the Website is appropriate or available for use in locations outside Australia. If you choose to access the Website from other locations, you do so at your own risk and are responsible for compliance with all applicable laws. You are not authorised to access the Website from any location where doing so would be illegal.
25. You understand that some countries have import restrictions on certain goods or materials. If you are outside Australia, you will be responsible for checking whether such restrictions apply before using the Website, downloading MB Content or uploading User Content. If you are outside Australia you will become the importer and will be liable to pay local taxes or duties, and you will assume all liability under any customs or import laws and regulations.
26. These terms are governed by and must be construed in accordance with the laws in force in the State of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these terms, its performance or subject matter.