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Terms of Use

Introduction

1.1    These Terms of Use (Terms) govern your use of mdp Law’s website (Website) and form a binding contractual agreement between you, the user of the Website and us, mdp LAW Pty Ltd ACN 605 767 164 as Trustee for mdp Law Trust (mdp Law, we, us, or our). For that reason, these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Website.

1.2    If you do not agree to the Terms, please do not use the Website.

Privacy

2.1    All personal information provided to us will be handled in according with our Privacy Policy. By using the Website you also agree to the terms of our Privacy Policy, which governs how we collect, use, share and store your personal information.

Amendments

3.1    We may change the Terms at any time, at which time an amended version of the Terms will be placed on the Website. You are responsible for ensuring that you regularly review the Terms. Your continued use of the Websites after Terms are amended will constitute your acceptance of those amendments. If you object to any amendments, you can reject those changes by: ceasing to use the Websites and/or terminating your account in accordance with these Terms.

Use of the Website

4.1    You may access and use the 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 the Website for your own personal, non-commercial use.

4.2    You may use our site for lawful purposes only. You may not use our site to post, transmit or otherwise distribute unlawful material. Examples of unlawful material include, without limitation, threats of physical harm, defamatory statements, and copyrighted, trade marked and other proprietary material used without proper authorisation.

4.3    You must not use or launch any automated system, including without limitation, ‘robots’, ‘spiders’, ‘offline readers’ etc that accesses the Website in a manner that sends more request messages to the mdp Law servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser.

4.4    You may not attempt to use or distribute tools designed for compromising security or take any action to compromise the security of this site. Examples of these tools include but are not limited to password guessing programs, cracking tools or network probing tools. You may not ‘flood’ or disrupt our web site through any means or process.

4.5    You agree not to collect or harvest any personally identifiable information from the Website.

Disclaimer

5.1    Every effort has been made to ensure the accuracy of the information contained on the Website. mdp Law does not make any warranties or representations as to the completeness or accuracy of any information on this Website. mdp Law shall not be responsible or liable to any person or entity with respect to any inconvenience, misleading information or direct, indirect, special or consequential loss or damage however suffered, following reliance on any information contained on the site.

5.2    Changes and additions to the information contained on the mdp Law site are made frequently.

5.3    We do not provide any warranties that our web site is undisrupted, error free or free from malicious software such as computer viruses.

5.4    mdp Law web pages provide links and pointers to other websites controlled, operated or maintained by third parties. These links and pointers are included solely for your convenience. You take sole responsibility for use of third party sites and your access to such websites is at your own risk. We do not accept responsibility for, or endorse, sponsor or approve, any such user-generated content or any content available on any linked websites.

5.5    The Website may, from time to time, display third-party advertising. By displaying such advertising, mdp Law does not in any way recommend or endorse the relevant third-party advertiser, its products or its service, or represent that the content of the advertisements is true or accurate.

Acknowledgement

6.1    You acknowledge and agree that:

(a)    we retain complete editorial control over the Website and may alter, amend or cease the operation of the Website or any feature or function of the Website at any time in our sole discretion; and

(b)    while we will use reasonable endeavours to ensure that the Website  will operate on a continuous basis, the Website may be interrupted and unavailable from time to time (including for maintenance purposes).

Intellectual Property Rights

7.1    For the purposes of these Terms, ‘Intellectual Property Rights’ means all patent rights, copyright, moral rights, rights of publicity, trade marks, goodwill, trade secret rights and other intellectual property rights as may not exist or may hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

7.2    Nothing in these Terms constitutes a transfer of any Intellectual Property Rights. You acknowledge and agree that, except where otherwise indicated, we own or licence all Intellectual Property Rights in the Website  and content contained therein, including without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music. Nothing in these Terms constitutes a transfer of any Intellectual Property Rights in or related to the Website content to you or any third party.

Warranties

8.1    You represent and warrant to us that:

a)    you have the legal capacity to enter these Terms; and

b)    you have complied with clause Error! Reference source not found.

Liability and indemnity

9.1    You acknowledge that your use of the Website is at your own risk.

9.2    You indemnify and hold harmless mdp Law and its subsidiaries, agents, managers, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including legal costs) arising from:

a)     your use of the Website;

b)    any other members use of the Website in any circumstance;

c)    a breach of these Terms or any third-party rights;

d)    a breach of any law; and

e)    any claim for loss, damage, cost or expense arising by reason of the use or accessing of any content you post.

9.3    To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business, identity theft, malfunctioning or any consequential or incidental damages.

9.4    To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

Termination of the Terms

10.1    These Terms terminate automatically if, for any reason, we cease to operate the Website.

10.2    We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.

General

11.1    If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

11.2    You acknowledge that these Terms constitute the entire agreement between you and us regarding your use of the Website and supersede all prior agreements with respect to the subject matter of these Terms.

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

11.4    Any failure to act with respect to a breach of these Terms by you or others does not constitute a waiver of our right to act with respect to that breach or subsequent similar or other breaches.

11.5    You may not assign or delegate any rights or obligations under these Terms. We reserve the right to assign or delegate all rights and obligations under these Terms without notice to you.

11.6    These Terms are governed by the laws of Victoria and each party submits to the jurisdiction of the courts of Victoria.

11.7    Any complaints relating to your use of the Website should be directed to us at the address listed on the Website.

11.8    These Terms were last revised on 19 October 2015.

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