Terms of Use
This website (referred to in these Terms of Use as the Website) is owned and operated by McMahon Fearnley Lawyers Pty Ltd, who is referred to in these Terms of Use as “we”, “us”, “our” and similar grammatical forms.

The material on the Website is copyright © 2020 McMahon Fearnley Lawyers Pty Ltd or other copyright owners.

The Website is available for you to access conditional on your acceptance without alteration of the terms and conditions set out on this page. By continuing to access the Website you are agreeing to these Terms of Use.

1 | Disclaimer

  • The information provided on the Website is for informational purposes only and does not constitute legal advice.  Your use of the website is not intended to and does not create a solicitor and client relationship between you and us.
  • To the full extent permitted by law we disclaim any and all warranties, express or implied, regarding the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website or of any linked sites.
  • We will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law which are the consequence of you:
    • acting, or failing to act, on any information contained on or referred to on the Website or any of the linked websites; and
    • using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website or any linked sites.
  • We do not warrant, guarantee or make any representation that:
    • the Website, or the server that makes the site available on the Internet are free of software viruses;
    • the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
    • errors and defects in the Website will be corrected.
  • We are not liable to you for:
    • errors or omissions in the Website, or linked sites on the Internet; and
    • delays to, interruptions of or cessation of the services provided in the Website, or linked sites;

whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause

2 | Links to other websites

  • This Website contains links to sites on the Internet owned and operated by third parties and which are not under our control.
  • In relation to the other sites on the Internet, which are linked to the Website, we:
    • provide the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by us of the contents of the linked site; and
    • is not responsible for the material contained on those linked sites.

3 | Use of personal information gathered

  • We and any people or legal entities authorised by us may gather and process the personal information:
    • which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and
    • regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” delivered to your computer when you access our Website.
  • We will comply with the Australian Privacy legislation in respect to our collection, storage and use of your personal information. Please refer to our privacy policy for details of how we collect, store and use your personal information.

4 | Termination of access

We may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and we have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.

5 | Alteration of Terms of Use

We reserve the right to change these Terms of Use:

  • with or without further notice to you; and
  • without giving you any explanation or justification for such change.

6 | Intellectual property rights

  • You may not modify or copy:
    • the layout or content of the Website; or
    • any computer software and code contained in the Website.
  • All logos, icons, brand names or service names that identify the owner and operator of this Website and content published by us are our copyright property or our trade marks or service marks. All other trade marks or service marks on this Website are the property of their respective owners. You must obtain written permission before reusing any copyrighted material that is published on this Website. Any unauthorised use of the materials appearing on this Website may violate copyright, trade mark and other property rights or legal protections and could result in criminal or civil penalties.

7 | Relevant jurisdiction

  • If any part of these Terms of Use is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Use and the severed part will not affect the validity and enforceability of any remaining provisions.
  • These Terms of Use will be governed by and interpreted in accordance with the law of Victoria of Australia, without giving effect to any principles of conflicts of laws.
  • You agree to the jurisdiction of the courts of Victoria of Australia to determine any dispute arising out of these Terms of Use.