Terms and Conditions
By browsing, accessing or otherwise using this website or any data or content from this website, you agree to be irrevocably and unconditionally bound by these Terms and Conditions.
1.1 Madison Marcus Law Firm Pty Ltd (ABN 40 164 498 444) (Madison Marcus) operates this website, www.madisonmarcus.com.au.
1.6 Madison Marcus will use this website to, amongst other things, publish information regarding services that we provide across all our practice areas. The published information is a guide only and does not constitute legal advice. Should you require legal advice, please contact one of our directors or partners.
2. Copyright, trade marks and ownership of rights
2.1 The copyright, trade marks and other intellectual property rights contained within this website are owned by or licensed to Madison Marcus and unless prior written consent is given by Madison Marcus, the use or misuse of them is prohibited.
3.1 The transmission of information over the internet via websites or electronic mail (emails) is not entirely secure, virus free or error free.
3.2 If you liaise with Madison Marcus via one of these methods, you acknowledge that any information submitted by or to you may not be secure, virus free or error free. You should use your own discretion in deciding what information you send to Madison Marcus via these means.
3.3 Emails received and sent by Madison Marcus undergo email filtering and virus scanning, including by third party contractors. We do not warrant that the filters and scanning mechanisms used by Madison Marcus will be effective in removing viruses and other potentially harmful code.
4. No Warranty
4.1 Madison Marcus and its contractors are responsible for maintaining this website and all publications, content, data or the like uploaded on this website and make no warranty as to the accuracy or reliability of the information contained therein. This extends to any content, data or information generated or uploaded to this website by or on behalf of Madison Marcus and/or any third party and/or any user or subscriber to this website.
4.2 The content, data or information generated or uploaded to this website by or on behalf of Madison Marcus and/or any third party and/or any user or subscriber to this website is not and does not constitute any form of professional or legal advice nor should it be relied upon as professional or legal advice. If you require any such advice, please consult a qualified person.
4.3 Madison Marcus, its associated entities, related entities, officers and employees are not liable or responsible for any loss or damage which may be caused to any recipient by directly or indirectly relying on anything contained in or omitted from this website or any information or data contained therein.
4.4 You acknowledge that you access this website at your sole and absolute risk and by accessing this website you expressly and irrevocably release Madison Marcus from any and all liability which may accrue as a direct or indirect result of your access to this website and reliance upon any data or information therein.
5. Use of electronic addresses
5.1 Madison Marcus may from time to time, publish the email addresses of our employees on this website for business purposes only. Any such publication does not constitute Madison Marcus’ consent to our employees receiving unsolicited emails not directly related to their role.
6.1 By browsing, accessing or otherwise using this website, you warrant and agree that you must not and will not:
(a) use any device, software, hardware, process or any other technology of any means to access, retrieve, scrape or index this website or any information, content or data contained therein;
(b) interfere with the operation of this website by any means, through any technology or through any third party;
(c) cause excessive and burdensome internet traffic to this website or Madison Marcus’ infrastructure;
(d) use any data, information or content of this website to compete with Madison Marcus in any capacity whatsoever, whether by website or otherwise;
(e) violate any proprietary rights, property rights, copyrights, privacy or intellectual property rights of Madison Marcus or any other person;
(f) violate these Terms and Conditions or any New South Wales or Australian law, regulation, requirement or code of conduct;
(g) solicit any unauthorised financial benefit from any other user of this website; and
(h) copy, reproduce, retransmit, create derivate works, sell or display or in any way exploit this website without the prior express written authorisation of Madison Marcus.
6.2 You acknowledge that if you fail to adhere to the restrictions set out in clause 6.1 above, Madison Marcus proceed with any of the following actions against you:
(a) reporting your conduct to Australian or New South Wales regulatory officials such as the New South Wales Police Force or the Australian Federal Police;
(b) institute technological barriers however Madison Marcus deem necessary;
(c) commence Court proceedings seeking damages from you; or
(d) commence Court proceedings seeking injunctive and/or declaratory relief against you.
6.3 You must indemnify Madison Marcus and its related and/or associated entities from any loss suffered as a direct or indirect result of your contravention of clause 6.1 including but not limited to damages, costs, legal expenses, disbursements, fees, charges and the like.
7. Copying of Data
7.1 This clause is subject to the Copyright Act 1968 (Cth) and nothing in this clause is intended to affect or alter the operation of the Copyright Act 1968 (Cth). In the event of an inconsistency between this clause and the Copyright Act 1968 (Cth), the Copyright Act 1968 (Cth) shall prevail to the extent of that inconsistency.
7.2 All content included on this website, including but not limited to data, information, content, material, text, images, audio, videos, logos, button icons, is the intellectual property of Madison Marcus, its associated entities or related entities or its third party content suppliers. Use of this website does not transfer any intellectual property rights or copyrights to the user or subscriber.
7.3 Madison Marcus grants users and subscribers of this website revocable permission to download copyright material on this website for their own personal use provided that such use is non-commercial and not to obtain any financial benefit whilst excluding Madison Marcus.
7.4 You must not reproduce, copy or alter information, data or content contained on this website without the prior express written authority of Madison Marcus.
8. Third Party Content
8.1 You acknowledge that this website may from time to time contain information, data and content uploaded by third parties (Third Party Content).
8.2 Madison Marcus does not in any way monitor the Third Party Content on this website and makes no warranty as to the accuracy of such Third Party Content. For that purpose, Madison Marcus is not liable or responsible for any matters pertaining from the Third Party Content, whether directly or indirectly.
8.3 You rely upon Third Party Content on this website at your sole and absolute risk and you acknowledge that Madison Marcus makes no express or implied representations as to the Third Party Content or the accuracy thereof.
8.4 You are responsible for making your own independent enquiries in respect of the Third Party Content on this website. You acknowledge that the Third Party Content does not necessarily represent the view of Madison Marcus.
8.5 You release and hold harmless Madison Marcus from any and all liability arising from any Third Party Content on this website.
9. Advertising and Linking
9.1 Madison Marcus is entitled to, in its sole and absolute discretion, upload and include advertisements and links to third party material and other third party websites on this website.
9.2 Such third party material and third party websites are not part of this website and are not controlled by Madison Marcus by any means whatsoever. Madison Marcus makes no warranty or express or implied representations as to the accuracy, currency, suitability or reliability of the third party material and third party websites or any information, data or material contained therein.
9.3 You acknowledge that you access such third party material and third party websites at your sole and absolute risk. For that purpose, Madison Marcus is not liable or responsible for any matters or liability pertaining from the third party material and third party websites and you agree to release Madison Marcus from such liability.
10. Uploading Data
10.1 By subscribing to Madison Marcus, you may be entitled from time to time to upload material, information, data, content, text, images, video, audio or the like with the approval of Madison Marcus (uploaded data). Madison Marcus may reject any request by you to upload any uploaded data to this website in its sole and absolute discretion.
10.2 You expressly warrant that the uploaded data is not:
(a) in contravention of any law, regulation, code of conduct or requirement imposed by any authority;
(b) in contravention of copyright or the intellectual property rights of any third party;
(c) misleading or deceptive;
(d) inappropriate noting the purpose of this website;
(e) materially incorrect;
(i) maliciously false;
(l) likely to damage the reputation of Madison Marcus; or
(m) likely to damage or adversely affect the operation of this website.
10.3 You expressly warrant that the uploaded data is:
(a) owned and controlled by you, including any rights in the uploaded data;
(b) able to be lawfully displayed by Madison Marcus on this website;
(c) lawfully obtained by you, including obtainment of all necessary licences, rights, consents and permissions required to use the uploaded data.
10.4 In the event that you contravene clauses 10.2 and/or 10.3, you agree and acknowledge that:
(a) Madison Marcus may remove, alter, delete or disable the uploaded data in its sole and absolute discretion;
(b) you indemnify Madison Marcus and its related and associated entities from any loss suffered as a direct or indirect result of your contravention of clause 10.2 and/or 10.3 including but not limited to damages, costs, legal expenses, disbursements, fees, charges and the like;
(c) You grant Madison Marcus a global, royalty-free, perpetual, transferable and irrevocable licence to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display your uploaded data through any medium, whether currently in existence or not;
(d) Madison Marcus is not liable to you for any loss which may be occasioned by use of your uploaded data by a website user. You acknowledge that you upload data to this website at your sole and absolute risk.
11.1 You expressly warrant that:
(a) you agree to be irrevocably and unconditionally bound by these Terms and Conditions; and
(b) your use of this website is conditional upon compliance with these Terms and Conditions.
12. General Indemnity
12.1 It is an essential term of these Terms and Conditions that you must indemnify Madison Marcus, its related and associated entities, its officers and its employees for any loss or damage arising out of, whether directly or indirectly, your use of and access to this website and any contravention of these Terms and Conditions.
12.2 The indemnity provided in clause 12.1 is a continuing indemnity and continues notwithstanding your cessation of use of this website.
15.1 No term or condition of these Terms and Conditions has the effect of replacing, overriding, or otherwise removing, your statutory rights.
16. Amendments or Variations
16.1 Madison Marcus may, from time to time, make changes to these Terms and Conditions or to specific functions of this website, without notice to you. It is your responsibility to monitor these Terms and Conditions from time to time to ensure that you remain compliant with what is required from you when using this website or otherwise. Changes to these terms and conditions will be effective immediately upon publishing on this website.
17.1 If any term or condition of these Terms and Conditions are deemed invalid, void, or unenforceable for any reason whatsoever, that term or condition will be deemed severable and will not affect the overall validity and enforceability of the remainder of the Terms and Conditions.
18.1 Madison Marcus reserves its right to terminate or suspend your access to the website, and shall not be required to provide you with any reasons why it has suspended or terminated your access. However, generally, such suspension or termination will only occur if you are found to be in serious violation of any of these Terms and Conditions
19. Governing Law
19.1 You irrevocably agree that by using this website and subsequently, your acceptance of these Terms and Conditions, that these Terms and Conditions are governed by and construed in accordance with the laws of New South Wales and Australia.
19.2 You agree, to submit to the non-exclusive jurisdiction of the Courts of New South Wales and Australia.