DIAMOND LAW TERMS OF USE

INTRODUCTION

These Terms of Use constitutes a legally binding agreement (“Agreement”) between you as a User and Diamond Law Pty Ltd ACN 639 232 116 trading as Diamond Law (“Diamond”) which governs your use of our Website.

By subscribing to, accessing, downloading and using our Website in any form whatsoever, you warrant your acceptance of and agree to be bound by the terms and conditions of this Agreement as set out below.

If you do not accept the terms of this Agreement you are not authorised to use our Website.

OPERATIVE PART

Meaning of words

In this agreement:

Business Days means business days in Queensland, Australia;

Commencement Date means the date you access to our Website;

Content refers to all information and content within, accessed through and generated by our Website including any data generated or published to our Website.

Intellectual Property means, whether registered or not, all copyright, designs and designs, trademarks, service marks and commercial names and designations, trade secrets, know-how confidential information, patents, invention and discoveries, literary artistic and scientific works, inventions in all fields of human endeavour, and other results of intellectual activity in the legal field;

Diamond, we, us and our refer to Diamond Law and any of its related bodies corporate to which this agreement applies;

Notice includes a disclaimer, a disclosure or other statement and a consent provided in writing;

Related body corporate has the meaning given in the Corporations Act 2001 (Cth);

Related Entity means any person or corporation that does business or has any relationship with Diamond;

Services means certain legal services offered by Diamond;

User and you means you the end-user of our Website;

Website refers to www.diamondlaw.com.au and any variation or tailored version of the Website created for your use; and

the singular includes the plural and vice versa.

 

Online Terms

Your access and use of this Website constitutes your agreement to these Terms of Use (“You”).

This Website means all webpages and Content located on diamondlaw.com.au (“Website”).

Your access and use of this Website is governed by these Terms of Use, Diamond’s Privacy Policy and the Privacy & Security Statement. By accessing and using this Website You acknowledge and accept that You are bound by these Terms of Use, Diamond’s Privacy Policy and the Privacy & Security Statement.

 

Descriptions of Services

On this Website Diamond provides provide a summary and general overview on matters of interest including services to request a consultation, seeking a quote and or request a booking to assess the possibility of engaging our Services.

This Website is not intended to be comprehensive nor does it constitute legal advice and does not create a solicitor-client relationship between you and Diamond. Our Services are only engaged once formally entered into and agreed between the parties.

Diamond offers a wide range of Services and sometimes additional terms (“Additional Terms”) may apply to your use thereof.

 

Prohibited Activities

use of any type of data accumulation tool, robot, or spider to compile, disseminate, extract, process, reproduce, or repackage in any form or monitor any of the web pages, content, data or information contained within or accessible through this Website;

to accumulate or combine the content, data or information contained or accessible through this Website with content, data or information from any third party, without Diamond’s prior written permission;

use of high-volume, automated or systematic processes to obtain data or other information from this Website;

compiling, repackaging or disseminating any information or data from this Website;

accumulating data or information from this Website whether or not using any automatic or manual process;

use of any type of device, process, routine or software either systematically or non-systematically to interfere or attempt to interfere with the functioning of this Website or any transaction or process conducted on or through this Website;

to use or reproduce any information or data from this Website other than as specifically permitted by these Terms of Use;

to incorporate into or store any information or data from this Website in any other Website, electronic retrieval system, database, publication or other work in any form, other than as specifically permitted by these Terms of Use;

combining or processing any data or information from this Website with other data or information other than as specifically permitted by these terms of use;

creating a link to this Website from another Website without Diamond ‘s prior written permission;

using this Website other than as specifically permitted by these Terms of Use;

any use of this Website for an unlawful purpose or activity;

either yourself or through a third party changing, modifying, reproducing, or creating any works derived from this Website, or displaying in public, any part or content of this Website without Diamond’s prior written permission or unless You have a non-excludable legal right to do so.

 

Permitted Activities

temporary browsing as a genuine client or potential client of Diamond, review Content in matters of interest and request a consultation or quote.

 

Limitation of liability

Diamond is not responsible to you or anyone else for any loss suffered in connection with the use of this Website reliance on any of the Content. This includes, but is not limited to, the transmission of any computer virus.

Diamond makes no warranties or representations about this Website or any of the Content. We exclude, to the maximum extent permitted by law, any liability which may arise as a result of the use of this website, its content or the information on it.

To the extent permitted by law, we exclude the application of all terms, conditions, warranties and representations express or implied by statute or otherwise.

To the maximum extent permitted by law we do not warrant that our Website or Content is free from defects or that it will perform in compliance with any specifications, laws or are applicable your circumstances or requirements.

We do not guarantee uninterrupted access to and use of our Website and Content at all times.

We are not liable to you for any direct or indirect loss, harm or liability, or any costs, charges or expenses you or a third party may incur in connection with or arising from us providing our Website or Content including but not limited to any interruption, inaccuracy, error, or omission, regardless of cause.

This limitation exists whether your claim would otherwise arise in contract, under the law of torts (including negligence), by statute or otherwise.

Our liability for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at our option, to:
correcting and resupplying our Website or Content; or
supplying a workaround for defects in our Website.

 

Indemnity

You agree to indemnify, and hold us harmless from any or potential claims, actions, damages or demands relating to or arising out of your use of our Website or Content including:

the use or misuse of our Website by you or anyone else through your use of our Website;

any violation of this Agreement by you or else through your use of our Website;

any violation of third party rights by you else through your use of our Website; and

any unlawful, wilful or negligent act or omission by you else through your use of our Website.

 

Third party Websites

Our Website may contain links to other products and services of third parties. We do not endorse or otherwise approve the accuracy of any such content of a third party Website, or the information, graphics and material on those Websites or the goods or services offered on those Websites.

To the extent permitted by law, we are not responsible or liable for, and give no warranty in respect of, any the accuracy of any third party Website, application of services offered by a third party or any information appearing in any product or service we may offer.

We may receive payments from third parties in relation to certain services supplied or received as a result of users and third parties accessing third party services or any links to third party applications or Websites contained in our Website.

Third party applications and Websites are not subject to our privacy standards so you should review the privacy policy and any other relevant notice that appears on a third party application or Website.

 

Intellectual Property

You acknowledge all Intellectual Property held, located within and related to our Website and the Content is the property of Diamond and its related bodies corporate and protected by Intellectual Property law. Nothing in this Agreement conveys or vests to you any interests or ownership in such Content or Intellectual Property.

Any improvements, suggestions, ideas, enhancement requests, feedback, recommendations you provide shall belong solely to Diamond.

You may only access and use the content for non-commercial or personal use unless you have prior written approval from us. You may print out any content on this website for your personal use. All other use, copying or reproduction of this website or any part of it is prohibited (except to the extent permitted by law). None of the content or any part of it may be reproduced on any other Internet website without our express permission provided in writing.

Other than for the purposes and subject to the conditions prescribed under the Copyright Act 1968 (Cth), you must not reproduce, upload to a third party, link to, frame, store in a retrieval system or transmit any part of our Website or Content without our prior written consent.

Our Website and Intellectual Property includes trade marks owned by us (or our related bodies corporate). You must not use any of these trade marks in any way without our prior written consent.

You must not, without our prior written consent, redistribute or resell our Website or Content or the Intellectual Property in our Website or Content.

You agree that you will not do or cause to be done any act or thing that may impair any of Diamond’s Intellectual Property rights in connection with our Website or Content.

You agree that you must not:

copy, sell, market, license, sublicense, lend, loan, distribute, transmit, rent, lease, upload, post, electronically transfer or otherwise assign or transfer or directly or indirectly permit any third party to use, access, exploit or copy any part of our Website or Content;

copy ideas, features, functions or graphics of our Website or Content for use in another product or service; or

incorporate or use our Website or Content in whole or in part in any other software, service or product.

 

Other Terms of use

Although Diamond endeavours to ensure the information contained on this Website is accurate, complete and up to date, we do not warrant the accuracy, completeness or currency of any such information.

We attempt to ensure that the Content is current but we provide no guarantee that it is accurate and/or up to date with respect to changes in law. You should seek legal or other professional advice before acting or relying on any of the Content contained within our Website.

Some Services are offered solely to assist You deciding to engage the Services of Diamond to decide which type of legal service You seek from Diamond. You are not authorised to, and You agree not to, use high-volume, automated or systematic processes to obtain quotes or make listing applications, or to make an excessive number of requests to the Services.

You also agree not to use, copy, compile, repackage or disseminate any information obtained from any Diamond service for any purpose other than your personal, non-commercial purposes without Diamond’s prior written consent, and You specifically agree that You will not use, or obtain with an intention to use, such information for the purpose of discovering the business logic of either service, or creating a tool that predicts the operation of our service.

Without prejudice to any other rights that it may have, Diamond reserves the right to terminate, limit or restrict your access to this Website and Diamond’s other online Services offered in its sole discretion, including without limitation if You contravene these Terms of Use.

You acknowledge that the business logic (including the relative importance of each rating criterion and the pricing algorithm) used to implement the Services are trade secrets of Diamond and/or its related entities, and that Diamond would suffer significant harm if such business logic were to be derived, and subsequently used or disclosed, in breach of these terms of use.

This Website may contain links to third party Websites. Diamond and its related entities do not make any representations or warranties as to the contents of any third party Websites, and expressly disclaim that they operate any Website other than this Website. Third party links accessible from this site is not an endorsement of a third parties website’s content, products, services or information. Diamond is not responsible for any loss or damage of any sort incurred from directly or indirectly accessing third party Websites from links on Diamond.

The information on this Website is provided for individuals may wishing to engage the Services offered by Diamond, limited to specific states and territories of Australia. The law of Queensland, Australia governs these terms of use.

Diamond trademarks, if existent, may not be used or reproduced without the prior written consent of Diamond. Diamond may use Diamond trademarks for each of their respective Services offered.

 

Disclaimer of Warranty

All Content on this Website or obtained from a Website to which the Website is linked (a “linked Website”) are provided to you “as is” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. Diamond does not endorse and is not responsible for:

the accuracy or reliability of any opinion, advice or statement made through the Website or service by any party;

any content provided on linked Websites; or

the capabilities or reliability of any product or service obtained from a linked Website.

Other than as required under applicable consumer protection law or Fair Trading Acts, under no circumstance will Diamond be liable for any loss or damage caused by a user’s reliance on information obtained through the Website or a linked Website, or user’s reliance on any product or service obtained from a linked Website.

The Content published on this Website are to be used for the purposes set out in this Agreement only. They are not intended to be comprehensive, and they do not constitute and must not be relied on as legal advice. You must seek specific advice tailored to your circumstances.

It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Website, or obtained from a linked Website. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.

 

Notice

Diamond may give Notice under this Agreement by means of notice on our Website, on our Website, or by email.

 

Jurisdiction, severability and waiver

The information in our Website, Content and this Agreement has been prepared in accordance with the laws of Queensland and the Commonwealth of Australia.

The terms and conditions of this Agreement will be construed in accordance with the laws in force in the state of Queensland, and you both agree to submit to the non-exclusive jurisdiction of the courts of Queensland.

If any provisions of this Agreement become void, voidable or unenforceable then those provisions are deemed to be severed and the remaining provisions will continue to have full force and effect.

Any failure or delay by Diamond in exercising any right, power or privilege available to us will not operate as a waiver of that power or right.

Diamond Law does not represent that it holds the authorisations and approvals required to provide legal advice in all jurisdictions where the material on this website may be viewed or received. You must ensure that access to and use of this Website is in accordance with the laws of your jurisdiction.

 

Changes to this Agreement

This statement sets out our terms of use for our Website, Website and Content.

We may amend this Agreement from time to time. By accepting this Agreement, you agree that our publishing of an amended version will be sufficient notice of any changes and that your subsequent access to, viewing, reliance on or other use of our Website or Content will constitute your acceptance of those amendments.

We suggest you periodically review our Website for any changes.

All information within our Website is subject to change without notice.

 

Spam

Diamond Law may publish electronic addresses on this website to facilitate communication relating to our business functions. This is not to be inferred as consent by Diamond Law or the relevant addressees to receiving unsolicited commercial electronic messages or SPAM.

 

Contacting us

If you have any questions regarding this Agreement please contact us at info@diamondlaw.com.au