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Terms of use

By using the MinterEllison (we, us, our) website, you agree to be bound by, and abide by, these Terms of Use. We may change these Terms of Use at our discretion and without notice. By continuing to use this website you accept the Terms of Use as they apply from time to time.

1. Intellectual property rights

Unless otherwise indicated, we own the copyright and other intellectual property rights in the content of this website. Please don’t infringe those rights. While you may browse or print the content for your non-commercial, personal or internal business use, you must obtain our prior written permission if you’d like to use, copy or reproduce any part of the website for any other purpose. All trade marks appearing on this website belong to their respective owners.

2. General information and not legal advice

The content on our website is intended only to provide a summary and general overview on matters of interest. It's not intended to be comprehensive, nor to constitute legal advice. You should always obtain legal or other professional advice, appropriate to your own circumstances, before acting or relying on any of that content.

Although we aim to ensure the content on this website is up-to-date, there may be delays, errors or omissions that could affect its currency or accuracy. There may also be historical articles and other content on the website which, though current at the time of writing, no longer reflect the present state of the law or industry practice.

Your use of this website, or the receipt of any information via this website, is not intended to create, nor does it create, a solicitor-client relationship between us. 

3. Liability

This website, and all content and services provided or made available through this website, are made available to you on an 'as is' and 'as available' basis.

You acknowledge and agree that to the extent permitted by the law, and subject to section 4 below, we make no representations, warranties or guarantees in relation to the availability, suitability continuity, reliability, accuracy, currency or security of this website. We will not be liable if this website (or any content made available through it) is incomplete, corrupted, inaccurate, outdated or incorrect, or if this website, or any services provided or made available through it, are unavailable for any reason, including directly or indirectly as a result of:

  1. telecommunications unavailability, interruption, delay, bottleneck, failure or fault;
  2. negligent, malicious or wilful acts or omissions of third parties (including our third party service providers);
  3. maintenance or repairs carried out by us or any third party service provider in respect of any of the systems used in connection with the provision of this website; 
  4. any events beyond our control; or
  5. services provided by third parties ceasing or becoming unavailable.

You also acknowledge and agree that to the extent possible under the law, and subject to section 4 below, we do not represent, warrant or guarantee that this website is free from computer viruses or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks.

4. Consumer guarantees

To the extent permitted by law, any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us are excluded under these Terms of Use. However, if a supply under these Terms of Use is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law (contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth)), nothing contained in these Terms of Use excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits us to limit our liability, then our liability is limited to:

  1. in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
  2. in the case of software or other goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired,

and except in the case of a major failure (as that term is defined in the Australian Consumer Law), we can elect as between the remedies set out in paragraphs (a) and (b) above.

5. Exclusion of liability

Subject to section 4 above, and to the extent permitted by law, we exclude liability for all direct, indirect or consequential liabilities, losses, damages, costs and expenses (including, without limitation, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data or loss of anticipated savings or benefits), whether arising in contract, tort (including negligence) or otherwise, suffered or incurred by any person in connection with or in any way relating to the website or any content or services provided or made available through the website.

6. Third party links

Our website (or social media websites on which we maintain a presence) may contain links to other sites over which we have no control. Those links are provided for your convenience only, and we are not responsible for their use, effect or content. By accessing these third party sites, you agree to any terms of access or use imposed by those sites. We do not endorse any material on third party sites and do not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of the material on those sites, nor do we warrant that material on other sites does not infringe the intellectual property rights of any other person

7. Password secrecy

We may choose to issue you with a username and password to enable you to access particular features on our website. If we do, you must keep those details confidential (and you are responsible for their misuse if you don’t).

8. Posting comments

Our website may enable you to post comments (for example, on blogs, forums or other public areas). You are responsible for all comments that you post (or that are posted using your username and password). You must not post any comment that:

  1. is inflammatory (commonly referred to as ‘trolling’);
  2. is xenophobic, racist, abusive, harassing or hateful;
  3. is false, defamatory, inaccurate, threatening, invasive of a person’s privacy, or constitutes personal abuse directed at other users;
  4. is obscene, sexually explicit or pornographic, or contains links to other sites that contain or promote obscene, sexually explicit or pornographic material; 
  5. constitutes commercial advertising, the promotion of gambling or the promotion of your own site (commonly referred to as ‘spamming’);
  6. infringes someone else’s copyright or other intellectual property rights, or
  7. violates any applicable law.

9. Applicable law

These Terms of Use, and your use of our website, are governed by the laws of Victoria, Australia.

10. Privacy policy

You can find our Privacy Policy here.