Terms and Conditions

Henderson Piper Pty Ltd (ABN 54 001 911 511) trading as Henderson Piper Legal is an incorporated legal practice and the owner and operator of the Website.  Queries may be submitted to us via the query form on the Website.  We may grant our clients access to the Client Portal.  The following terms (Terms) govern your use of and access to the Website and, if applicable, Client Portal or other functionality, access to which (regardless of whether or not intended) is conditional on your acceptance and compliance with the Terms.

Your acceptance

You are deemed to have accepted the Terms by:

  • using, reading or viewing the Website
  • submitting a query through the Website; or
  • accepting a grant of access to the Client Portal.

Once these Terms are accepted by you, they form an agreement between you and Henderson Piper Legal.

Please note that if you are accepting the Terms on behalf of your employer or another entity, you represent and warrant to us that:

  • you have full legal authority to solely bind your employer, or the applicable entity, to these terms;
  • you have read and understand the Terms; and
  • you agree, on behalf of the party that you represent, to the Terms.

You further confirm and agree that by using the Website you are at least 18 years of age and are legally able to enter into a contract.

If you do not have the legal authority to enter into a contract or to solely bind your employer or the applicable entity, or you do not agree to the Terms, do not submit a legal query through the Website or otherwise use it or the Client Portal.

If you do not agree to the Terms you should immediately discontinue using the Website and Client Portal.

You consent to us collecting, using, storing and disclosing your personal information in accordance with our Privacy Policy.

Terms of use

You are responsible for all of your activity in connection with accessing and using the Website and Client Portal.

You acknowledge and agree that:

  • the provision of, access to, and use of, the Website and the Client Portal is on an “as is” and “as available” basis and at your own risk.
  • Among other things, the operation and availability of the systems used for accessing the Website and Client Portal, including computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access and Henderson Piper Legal is not in any way responsible for any such interference or prevention of your access or use of the Website or Client Portal.
  • You will bear all the risks associated with uploading and transmitting Material to the Website and Client Portal, including reliance on its accuracy, reliability or legality.

You represent and warrant to us that the information you provide in the Website query form is accurate, true and complete

You must not use the Website:

  • in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website;
  • in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity
  • to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, virus or any other malware.
  • to conduct any systematic or automated data collection activities of any type on or in relation to the Website without our express prior written consent.

You must not bypass any security mechanisms imposed by the Website or Client Portal, or tamper with, hinder the operation of or make unauthorised access or modifications to the Website or Client Portal.

These Terms do not exclude, restrict or modify the provisions, available rights or remedies, or our liability under the Australian Consumer Law or any other applicable laws, where doing so would contravene the applicable laws or make any part of these terms and conditions void.

Access to Client Portal

The Client Portal is provided by a third party (“Third Party Provider”) unrelated to Henderson Piper Legal.

When you accept a grant of access to the Client Portal you will be asked to choose a username and password. You are entirely responsible for maintaining the confidentiality of your username and password and any other security information related to your account.

You are solely and fully liable for all conduct, postings and transmissions that are made under your username and password on the Client Portal.

You may not use the account, username or password of someone else at any time. You must immediately notify us of any unauthorised use of your password, username, email, or any other breach of security. We encourage you to change your password at least once a month. Henderson Piper Legal will not be liable for any loss that you incur as a result of someone else using your account or your password, either with or without your knowledge. You indemnify us for any losses incurred by us due to someone else’s use of your account or password.

You agree to only access the Client Portal for the purpose for which we have granted you access.  When accessing and using the Client Portal you must:

·           not attempt to undermine the security or integrity of the Client Portal, or our or the Third Party Provider’s computing systems or networks;

·           not use, or misuse, the Client Portal in any way which may impair its functionality, or other systems used to deliver it or impair the ability of any other user to use the Client Portal;

·           not attempt to gain unauthorized access to any materials other than those to which you have been given express permission to access,  or to the computer system on which the Client Portal is hosted;

·           not transmit, or input into the Client Portal, any: files that may damage any other person’s computing devices or software, content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use);

·           not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to operate or deliver the Client Portal except as is strictly necessary for normal operation;

·           not perform any unlawful activity. In particular you will not access the Client Portal to transmit, access or download any material of any nature which is unlawful, defamatory, indecent, obscene or of a menacing character or of a harassing nature or causing distress or inconvenience, financial or otherwise, to any person

·           not, and must not attempt or assist another person to, violate, circumvent, reverse-engineer, decompile, disassemble or otherwise tamper with the Client Portal

·           not violate any applicable laws or regulation.

By making information available on the Client Portal you consent to the storage, use and disclosure of that information by us and the Third Party Provider and those authorised by us or the Third Party Provider to have access to the information.

We can revoke or suspend your access to the Client Portal at any time at any time for legitimate business, or legal or regulatory compliance reasons, or if you are in breach of the Terms.

We do not warrant or represent to you in any way the following:

·         the security of information uploaded, downloaded, transferred or accessed to or from the Client Portal

·         that your access to the Client Portal, will be reliable, uninterrupted or error-free

·         that any defects will be corrected

·         that the Client Portal or the server which stores and transmits Material to you are free of computer viruses or any other harmful components, defects or errors.

Indemnity

You agree to indemnify Henderson Piper Legal (and its affiliates, employees and officers) against any and all actions, claims, costs, demands, damages (including legal costs on a full indemnity basis) or liability incurred or arising in connection with your use of the Website or the Client Portal or any breach by you of the Terms or any other legal obligation, except to the extent that any actions, claims, costs, demands, damages or liability are caused by our negligence, fraud or dishonesty.

Any indemnity given by you pursuant to the Terms survives termination of the Terms.

Limitation of liability

Our liability to you is not limited or excluded where and to the extent such liability cannot be limited or excluded in accordance with applicable law. In all other circumstances, Henderson Piper Legal or its directors, employees, agents, contractors, distributors or suppliers will not be liable to you or to any third party for any costs, expenses, losses and damages incurred in relation to the Website or Client Portal, whether that liability arises in contract, tort (including by our negligence) or under statute. Without limitation, Henderson Piper Legal will in no circumstances be liable for any indirect or consequential losses, loss of profits, loss of revenue or loss of business opportunity.

To the extent permissible by applicable law, our aggregate liability to you or any third party claiming through you, for any cause whatsoever, and regardless of the form of the action, is limited, at our option, to the:

  • re-supply of those any services provided to you; or
  • payment of the cost of having those services re-supplied.

The terms of this paragraph survive termination of the Terms.

Intellectual property

All names, logos, images and trademarks and intellectual property on the Website and the Client Portal are the property of their respective owners or licensors (as the case may be). Nothing on the Website or the Client Portal should be interpreted as granting any rights to commercial use or to distribute any names, logos, images or trademarks, or grant any licence of intellectual property, without the express prior written agreement of the relevant owners.  Except for the temporary copy held in your computer’s cache Material from the Website and Client Portal may not otherwise be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or part without our or our licensor’s prior written approval.

All rights not expressly granted in the Terms are reserved.

Confidentiality

We will endeavour to take all reasonable steps to keep confidential and secure any information we hold about you, and to keep this information accurate and up to date. All legal advice provided in the Client Portal is subject to legal professional privilege.

Compliance with laws outside Australia

We make no representation that any Material or the Website complies with laws of any country outside Australia. If you access the Website from outside Australia, you are responsible for ensuring compliance with all laws in the place where you are located.

Termination

We may at any time without notice immediately terminate your agreement under these Terms.

Governing law

These Terms will be governed by and construed according to the laws of New South Wales, Australia without giving effect to any principles of conflicts of law. You agree to submit to the jurisdiction of the courts and tribunals of New South Wales.

Changes to Terms

We may change all or part of the Terms at any time. If we do, the new Terms will be posted on the Website. Your subsequent or continued use of the Website and/or Client Portal will constitute your acceptance of any changes. As you are bound by the Terms, you should periodically read and refer to them on the Website and elsewhere on the site to ensure you are aware of any changes. If you object to any changes to the Terms, your only remedy is to immediately discontinue your use of the Website and, if applicable, Client Portal.

Severability

If any provision of these Terms are held invalid, unenforceable or illegal for any reason, the Terms will remain otherwise in full force apart from that provision which will be deemed deleted.

Definitions

In these Terms:

Client Portal” means secured online access to a website where Material may be accessed, read, downloaded or uploaded by a client of Henderson Piper Legal and which facilitates communication between the client and Henderson Piper Legal regarding the client’s matter

“Material” means information, documents, text, material, illustrations, photos, audio, video, software, content and advertisements and any combination of these or other material.

“Terms” means these terms and conditions as updated and published on the Website from time to time.

“Us”“we” or “our” means Henderson Piper Pty Ltd (ABN 54 001 911 511), and includes its directors and officers.

“Website” means all of the websites that we own and/or operate from time to time, regardless of how those websites are accessed by users (including via the Internet, mobile phone or any other device), including www.hendersonpiper.com.au

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