Website Terms of Use

Last Updated: 27 April 2025

The Terms of Use govern Your access to and use of the Company Website.

You agree to be bound by the Terms of Use when using and/or visiting and/or submitting any content to the Website.

If you do not agree to these Terms of Use, please refrain from using the Website.

1. Use of the Website

1.1. By using the Website, You confirm that You are at least 18 years old.

1.2. You agree to use the Website only for lawful purposes and in accordance with these Terms of Use.

1.3. You agree that You will not:

1.3.1. post or transmit materials via the Website or Social Media that:

1.3.1.1. are unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent, constitute (or encourage conduct that would constitute) a criminal offence, give rise to civil liability or are otherwise objectionable;
1.3.1.2. infringe any copyright, trademark, patent, design, confidentiality or other intellectual property rights of another person;
1.3.1.3. are deliberately designed to mislead or deceive others;
1.3.1.4. contain links to any commercial advertising;
1.3.1.5. are for purposes of spamming or obstructing the normal operation of the Website or another user of the Website’s computer facilities;
1.3.1.6. contain any malware, viruses or other harmful component or code;
1.3.1.7. are an invasion of privacy by including names, phone numbers, addresses or photos or other personal information without the express permission of the individuals to which the information relates;
1.3.1.8. impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity; or
1.3.1.9. engage in data scraping or mining (or similar activity to extract data) from the Website.

2. Moderation

2.1. We reserve the right to remove or modify any content that We determine violates these Terms of Use or that We deem inappropriate, or otherwise inconsistent with the purpose and values of the Company’s Website and Services, at any time without liability or notice to You.

3. Copyright and Intellectual Property

3.1. All content on the Website is protected by copyright, trademark, and other intellectual property laws.

3.2. You must not republish any material from the Website without the Company’s prior written consent.

3.3. If You submit material to the Website, You grant the Company a worldwide, non-exclusive royalty-free licence to use, reproduce, and distribute your content in connection with the Company’s Services, for example, for the Company’s marketing materials. You warrant that You own or have the rights to the content You post and that such content does not violate the rights of any third party.

4. Security

4.1. Where appropriate, the Company uses available technology to protect the security of communications made through the Website.

4.2. However, the Company does not accept liability for the security, authenticity, integrity or confidentiality of any transactions and other communications made through the Website.

5. External Links and Third Party Content

5.1. The Company may provide links to Third Party Content. You are advised to review the terms and policies of any third-party websites before engaging with their Content. Your access to and use of any third party websites, including information, material, products or services they provide, is entirely at Your own risk.

5.2. We do not endorse, approve, or take any responsibility for the content, accuracy, security or policies of third party websites linked to or from the Company’s Website. We make no representations or warranties, whether express or implied, regarding the quality, accuracy, merchantability or fitness for a particular purpose of any information contained in any Third Party Content.

6. Privacy Policy

6.1. Your use of the Website is also governed by the Company’s Privacy Policy. The Company’s Privacy Policy explains how we collect, use and protect your personal information.

6.2. By using the Website, You consent to your information being processed in accordance with the Company’s Privacy Policy.

7. Disclaimer

7.1. The Company is not liable for any Loss suffered by You or any other party in connection with use of this Website or Third Party Content. The Company makes no express or implied representations or warranties regarding the operation of the Website or the accuracy, completeness, usefulness or reliability of the information, content, or materials included on the Website.

7.2. While the Company may update this Website periodically, it does not accept any obligation to ensure the information on this Website remains current. The Company is not liable to You, or anyone else, if information on this Website is incomplete, inaccurate, outdated or otherwise unreliable information.

7.3. To the maximum extent permitted by law, the Company, its contributors, and any affiliated organisations exclude all liability for any Loss, or injury arising from the use of this Website or reliance on its content.

7.4. The Company will not be liable for Excluded Loss and Damage under any circumstances.

7.5. Your use of the Website and its resources is at Your own risk. The Company accepts no liability for any interference with or damage to Your computer systems arising from use of this Website or any Third Party Content. The Company makes no representations or warranties that the information on this Website is free from any computer viruses, defects, or errors, or that the Website will not cause harm to Your systems.

7.6. The content available on this Website, including but not limited to educational materials, videos, articles and other resources is provided for information and education purposes only.

7.7. The information on this Website is a general summary of the subject matters covered. It is not intended to be legal or professional advice and should not be relied on as a substitute for obtaining appropriate legal or professional advice.

7.8. By using this Website, You acknowledge and agree that the information provided on the Website is not a substitute for appropriate legal or professional advice. You acknowledge and agree that using this Website and downloading material from this Website do not create a solicitor and client relationship with the Company or any of the solicitors shown on the Website. If you need legal advice in relation to subject matter discussed on the Website, the Company would welcome the opportunity to provide You with a quote for its legal services and until such time as You have entered into a formal cost agreement with the Company for the provision of legal services, You do not have a solicitor client relationship with the Company or any of its solicitors.

7.9. Liability is limited by a Scheme approved under Professional Standards legislation.

8. Changes to the Terms

8.1. The Company reserves the right to revise these Terms of Use at any time without prior written notice.

8.2. Any changes to the Terms of Use will be posted on this page.

8.3. Your continued use of the Website constitutes your acceptance of the new Terms of Use.

9. Termination

9.1. The Company reserves the right to suspend or terminate Your access to the Website or Services with or without notice and for any reason including circumstances where there is suspicion You have provided false or misleading registration information, interfered with other users or the administration of this Website, or violated the Terms of Use.

10. Priority of terms

10.1. If You have entered into a formal solicitor-client relationship with the Company, and there is any inconsistency between these Terms of Use and the terms of Your costs disclosure and costs agreement with the Company, the terms of Your costs disclosure and costs agreement will prevail to the extent of the inconsistency.

11. Governing Law and Jurisdiction

11.1. The laws of the State of New South Wales Australia govern these Terms of Use and any legal proceedings or arbitration under these Terms of Use.

12. General

12.1. If any term contained in the Terms of Use is determined to be unlawful, void or for any reason unenforceable, then that provision is deemed severable from the Terms of Use and does not affect the validity and enforceability of the remaining provisions.

12.2. In these Terms of Use, any reference to the Company includes its employees, officers, agents and contractors from time to time.

13. Contact us

13.1. For any questions regarding these Terms of Use, please contact us at info@argylllaw.com.

14. Definitions and Interpretation

14.1. Definitions

In this Policy, unless the context otherwise requires:

  • “Company” means Argyll Law Pty Ltd ACN 658 262 483;
  • “Dealings” means engaging in the Primary Purposes or the Secondary Purposes;
  • “Excluded Loss” or “Damage” means any:
    • loss of profit, revenue (including anticipated revenue), use, product or production (including delayed, postponed, interrupted or deferred production and/or inability to produce, deliver or process), bargain, contract, expectation or opportunity, access to markets, goodwill and/or business reputation including future reputation even if such loss is a direct loss or a loss that flows naturally from the relevant breach;
    • reinstallation or removal costs;
    • indirect loss;
    • loss consequential on other loss;
    • remote or unforeseeable loss or damage;
    • liquidated sums including liquidated damages, penalties, losses or damages arising under any contracts or agreements other than this agreement;
    • kind of loss or damage considered other than loss arising in the usual course of things; and
    • any similar loss or damage, whether or not in the reasonable contemplation of the parties at the time of execution of this agreement,and in each case arising from or in connection with the performance of this agreement, whether arising from a breach of contract or tort (including negligence) or under any statute or any other basis, in law or equity, and whether or not foreseeable by the parties at the time of entering into this agreement.
  • “Loss” includes any loss, damage, cost or expense incurred including legal cost on an indemnity basis whether direct or indirect;
  • “Primary Purposes” means any or all of:
    • entering into discussions with You for the purpose of determining with the Company will provide legal services to You;
    • responding to Your enquiries;
    • receiving feedback and dealing with complaints;
    • providing a functional and user-friendly website, including its contents;
    • direct marketing services;
    • providing the Company’s publications, newsletters or other information (including content on LinkedIn or YouTube); and
    • inviting You to the Company’s functions and presentations.
  • “Secondary Purposes” means any or all of:
    • confidential alternative dispute resolution processes;
    • the establishment, exercise or defence of a legal or equitable claim;
    • the Company having reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to the Company’s functions or activities has been, is being or may be engaged in; and
    • the Company being authorised by or under an Australian law or a court/tribunal order.
  • “Services” means any services in the normal course of the Company’s Dealings with You;
  • “Social Media” means LinkedIn and YouTube or other social media sites used by the Company;
  • “Third Party Content” means third party websites, resources and material which are hyperlinked from this Website;
  • “Website” means https://argylllaw.com; and
  • “You” means an individual dealing with Us and “Your” and “Yourself” have corresponding meanings.

14.2. Interpretations:

In this Policy,

  • a reference to a person includes any other entity recognised by law and vice versa;
  • the singular includes the plural and vice versa;
  • any reference to any of the parties by their defined terms includes that party’s executors, administrators or permitted assigns, or being a company, its successors or permitted assigns;
  • a reference to any Act or law includes all Acts and laws amending, consolidating or replacing same and a reference to an Act includes all regulations, local laws, by-law and principles made under the Act;
  • a reference to this or other document includes the document as varied or replaced regardless of any change in the identity of the parties;
  • headings and sub-headings are inserted for ease of reference only and do not affect the interpretation of this Agreement;
  • if a provision in this Policy is held to be illegal, invalid, void, voidable or unenforceable, that provision must be read down to the extent necessary to ensure that it is not illegal, invalid, void, voidable or unenforceable; and
  • if it is not possible to read down a provision as required in a clause, that provision is severable without affecting the validity or enforceability of the remaining part of that provision or the other provisions in this Policy.