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3/54 BRYANTS ROAD

SHAILER PARK QLD 4128

© RICHARD HOARE & CO SOLICITORS PTY LTD 

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Terms & Conditions

1. Agreement

When you use this website (www.richardhoare.com.au) or our sign in feature, registration process or sign in software, you agree to Richard Hoare & Co Solicitors Pty Ltd ACN 632 486 509 T/As Richard Hoare & Co (us, we, our) providing you with access to information or materials of this website and these terms and conditions and any agreement contained herein. 

 

Any information, material, documentation, graphics, articles, content or any other content are solely for the purpose of providing you with information of our products and services and matters or material that may be of interest to you or a client of ours.

 

You should be aware that the world-wide web / internet is unsecured and at any material time your communication or access to this website or our sign in feature, registration process or sign in software may be intercepted or alternatively altered.

 

At no material time do we warrant that this website or our sign in feature, registration process or sign in software is free from any virus or anything that may damage your computer or property. In using this website, you agree to our Privacy Policy which appears on this website.

 

For further information or to make an enquiry in relation to these terms and conditions or any agreement contained herein, please contact us.

 

2. Restrictions on Use of this Website

 

This website or our sign in feature, registration process or sign in software and any information, links or facilities contained therein must not be used in any way that is considered unlawful, or for any illegal purpose, or in any manner that infringes our rights or obligations.

 

You must not:

 

  • Data mine or conduct automated searches on this website or our sign in feature, registration process or sign in software or the content therein, whether using additional software, third party addresses or otherwise
     

  • Use or create links from or to this website or our sign in feature, registration process or sign in software in any document or through the world-wide web or otherwise or copy or mirror any information contained therein without our prior written consent
     

  • Tamper, restrict, affect, hinder or otherwise the operation of this website or our sign in feature, registration process or sign in software, or make modifications of any kind to the format or any content therein
     

  • Incorporate advertisements, offers, goods or services or otherwise on this website or our sign in feature, registration process or sign in software without our prior written consent
     

  • Transmit any viruses, worms or other disabling or otherwise damaging product, feature or otherwise to this website or our sign in feature, registration process or sign in software
     

  • Abuse, harass, cause offence, defame, threaten, stalk or violate our rights including, but not limited to, privacy, copyright, publicity or the rights of any users of this website or our sign in feature, registration process or sign in software
     

  • Remove attributions, notices, labels or otherwise on any file that you are able to download or access from the website or our sign in feature, registration process or sign in software
     

  • Send us or any of this website or our sign in feature, registration process or sign in software users chain letters, surveys, contests or advertising material, links to other websites, commercial or unsolicited bulk electronic messages or otherwise which may constitute an infringement under any legislative instruments in Australia such as, but not limited to, the Spam Act 2003 (Cth) without our prior written consent
     

  • Obtain personal information from us or any of this website or our sign in feature, registration process or sign in software's users which may constitute an infringement of Australian privacy legislation
     

  • Use this website or our sign in feature, registration process or sign in software in a way that:
     

    • Infringes or facilitates a breach of a law or regulation or these terms and conditions and any agreement contained herein
       

    • Our or a third party’s intellectual property rights, rights of privacy or their trade secrets
       

    • Is or can be characterised as offensive, inappropriate, threatening, indecent, defamatory or obscene
       

    • Is discriminatory
       

    • Is in breach of any State of Australia or Commonwealth legislation
       

    • Represents us as being or giving false or misleading information
       

    • Permit any person or entity to do or ask anyone else to do something that is in breach of these terms and conditions and any agreement contained herein
       

    • Identifies any of this website or our sign in feature, registration process or sign in software's users, including any of their personal information of whatsoever kind extending to photos, names, birth dates, or any other particulars which are sufficient to identify the user

3. Access to this website

 

You access this website or our sign in feature, registration process or sign in software at your own risk. You are responsible for comply with any law or regulation in your jurisdiction and to comply with these terms and conditions and any agreement contained herein

 

We do not make any representations or warranties in respect of this website or our sign in feature, registration process or sign in software that is non-compliant with a law or regulation of a country outside of Australia, which is our jurisdiction.

 

4. Provision of Service

 

At any time, we can suspend, delete, deny or disconnect the website or our sign in feature, registration process or sign in software without giving you warning or referring to you. In some situations, this may be the result of:

 

  • Maintenance;
     

  • Technical failures;
     

  • You not complying with these terms and conditions and any agreement contained herein
     

  • An act or omission on your part that causes harm, damage or otherwise to this website or our sign in feature, registration process or sign in software
     

  • Improvements or changes to this website or our sign in feature, registration process or sign in software
     

  • Any other reason in which we deem reasonable

 

5. Intellectual Property Matters

 

From time to time, we permit you to;

  • Download; and/or
     

  • Copy; and/or
     

  • Print;

 

information from this website or our sign in feature, registration process or sign in software is for personal use only.

 

You otherwise cannot;

 

  • Use; and/or
     

  • Reproduce; and/or
     

  • Communicate; and/or
     

  • Publish; and/or
     

  • Distribute; and/or
     

  • Sell; and/or
     

  • Let; and/or
     

  • Share; and/or
     

  • Permit anyone else to do any of the things in this list;

 

without our prior consent unless it is considered a fair dealing as set out in the Copyrights Act 1968 (Cth).

 

6. Non-Legal Advice

 

Any information or material that is contained in this website or our sign in feature, registration process or sign in software is only intended to be general in nature. It is not anything other than that of a comment. We do not guarantee any information or material contained in this website.

 

You should not rely on any information or documents contained within this website or our sign in feature, publications, registration process or sign in software unless that document is intended to bind you by way of an agreement.

 

7. Client and Solicitor Relationship

 

Nothing in this website or our sign in feature, registration process or sign in software creates the client/solicitor relationship. If you submit anything to us through any forms that we make available, then any applicable agreement or other associated terms and conditions is only intended to bind you after we have performed the necessary conflict search to establish that a relationship may be formed.

Once we confirm that a relationship of solicitor and client can been formed and/or you continue to instruct us from time to time and we duly perform works for you (other than in relation to certification of documents which is specifically excluded for the purposes of this provision), these terms and conditions together with our Client Services Agreement between you and us is deemed to be operational and in full force and effect. Such Client Services Agreement can be found by clicking here.

 

8. Copyright Matters

 

We reserve all rights in respect of copyrights and the content contained in this website or our sign in feature, registration process or sign in software.

 

We do not permit you to copy by any means whatsoever the information or content on this website or our sign in feature, registration process or sign in software.

 

9. Limitation of Liability

 

Any information or material or content that we make available through this website or our sign in feature, registration process or sign in software from time to time is general in nature. By using any such information, a duty of care should not be assumed. Again, we make no representations or warranties of whatsoever kind relation to accuracy, quality, wholeness, viruses, worms, defects or otherwise.

 

You should obtain independent legal advice by someone who can practice the law in Australia before acting on any information or content in this website or our sign in feature, registration process or sign in software.

 

If a law or regulations imposes liability of whatsoever kind, these terms and conditions and any agreement contained herein is intended to, so far as reasonably possible, disclaim or limit our liability. Where this is not possible, the Australian Consumer Law applies.

 

We disclaim all liability for any form of damage to you arising out of the use or reliance on anything contained in this website or our sign in feature, registration process or sign in software.

 

10. Jurisdiction

 

By using any of this website or our sign in feature, registration process or sign in software, you agree to be bound by the laws of Queensland, Australia and irrevocably submit to that exclusive jurisdiction.

 

11. Uploading Information

 

You represent and warrant that any material, content, information or otherwise that is uploaded or received by us through this website or our sign in feature, registration process or sign in software is:

 

  • Free from viruses, worms, trojans or any other disabling feature or mechanism
     

  • Authorised
     

  • Not defamatory, malicious, coercive, threatening, harassing, unfair or ‘passing off’
     

  • Not infringing of any third party’s rights or obligations
     

  • Not a breach of any Australian laws or regulations

12. Online Bookings and Contact Messages

 

By booking an appointment online or otherwise messaging us through the website or our sign in feature, registration process or sign in software, you understand and agree that:

 

  • There is no strict creation of solicitor/client relationship until you are formally retained by us as set out in writing or by way of further agreement

 

  • Any information you upload may be confidential to you and that there could be a real risk that we act for your adversary or the other party in respect of your matter. You therefore must keep the information general in nature and not specific or related to what is happening in your matters. This is subject to us retaining you as a client. For example, if you are involved in a contract dispute, you should only inform us “I am involved in a contract dispute and need assistance” rather than being specific such as “on 19 March 2019, I signed an agreement with Jan Smith and I breached that agreement by way of failing to perform my obligations” as this is sensitive

 

  • Should we become aware of a conflict situation and you not comply with your obligations under this clause, you hereby consent to us continuing to act for your adversary or the party on the other side of your matter

 

  • We are under no obligation to see you or contact you and may cancel any appointments without first giving notice

 

13. Office Sign-in Software (Visitors, Clients, Contractors, Agents, Employees and Otherwise)

In connection with your visit or employment, we grant you access, or may allow you access, to business, technical or other information, materials and/or ideas (“Proprietary Information”) which term shall include, without limitation, anything you learn or discover as a result of your visit or employment or exposure to, or analysis of, any Proprietary Information.

In consideration of any retainer with us as a client, employment, disclosure, access to our offices, negotiations or entering a business relationship with us, you agree and consent as follows:

  • You will hold in confidence and will not possess or use (except as required to evaluate the proposed business relationship within us) or disclose any Proprietary Information except information you can document including information that is in the public domain through no fault of yours, was properly known to you, without restriction and prior to disclosure by Company or was properly disclosed to you by another person without restriction

 

  • You will not reverse engineer or attempt to derive the composition or underlying information, structure or ideas of any Proprietary Information. The foregoing does not grant you a license in or to any of the Proprietary Information

 

  • If you decide not to proceed with the proposed business relationship or if asked by us, you will promptly return all Proprietary Information and all copies, extracts and other objects or items in which Proprietary Information may be contained or embodied

 

  • You will promptly notify us of any unauthorised release, disclosure or use of Proprietary Information

 

  • You understand that this Agreement does not obligate us to disclose any information or negotiate or enter into any agreement or relationship with you. You will strictly abide by any and all instructions and restrictions provided by us from time to time with respect to Proprietary Information or our systems, procedures, processes or policies. You will also ensure the security of any facilities, machines, accounts, passwords and methods you use to store any Proprietary Information or to access Company systems and ensure that no other person has or obtains access thereto

 

  • The terms of this Agreement will remain in effect with respect to any particular Proprietary Information until you can document that such Proprietary Information falls into one of the exceptions contained in this agreement

 

  • You acknowledge and agree that due to the unique nature of the Proprietary Information, any breach of this agreement would cause irreparable harm to us for which damages are not an adequate remedy, and that we shall therefore be entitled to equitable relief in addition to all other remedies available at law

 

  • This agreement is personal to you, is non-assignable by you, is governed by the internal laws of the State of Queensland and may be modified or waived only in writing signed by both parties. If any provision of this agreement is found to be unenforceable, such provision will be limited or deleted to the minimum extent necessary so that the remaining terms remain in full force and effect. The prevailing party in any dispute or legal action regarding the subject matter of this agreement shall be entitled to recover solicitor fees and costs on a solicitor and own client basis

 

  • From time to time, we will collect your personal information that you enter either through the website or by using our sign in feature, registration process or sign in software. In such respect, you consent to the use of that contact information for marketing purposes and to maintain a professional relationship with you and to provide legal updates and other information that we think may be of interest to you. Contact may be by telephone, email, facsimile, direct mail or otherwise

 

  • You hereby agree to be bound by this agreement each time you visit us, irrespective that a returning person may need not re-sign an acceptance

 

  • You hereby consent to the collection of your personal information for billing, invoicing or other purposes that we deem reasonable for the protection of our legitimate interest

 

  • You agree to follow all lawful directions of any host or any of our employees or your employer

 

  • If the purpose of your visit is exclusively for the certification or witnessing of documentation by a solicitor, justice of the peace or commissioner for declarations as the case may be, you hereby accept and agree that you have not (and will not under any circumstance) receive legal or other advice of whatsoever kind in respect of your documentation. Further, you hereby agree to indemnify and hold us harmless, including your host or the person that certifies or witnesses your documentation now and into the future from any claim, action, proceeding, demand, suit, loss, damage or otherwise incurred by you as a result of, or incidental to, the certification or witnessing of your documentation. To that end, this agreement may be pleaded as a full bar to same

 

  • As a contractor (other than settlement agents), you agree that you hold and have maintained as current public liability, personal injury and death insurance prior to attending our office and undertaking any works of whatsoever nature. You also agree to hold such insurances for a period of at least 10 years following completion of any works for us. You also agree that you have relevant trade experience, knowledge and qualifications for any works of whatsoever nature that you are undertaking at our offices and that the work you have, or will, complete are to industry standard and fit for intended use. If you are singing this agreement on behalf of a third party that you are contracted for or employed by, you also agree that you have the authority to sign this document on his/her/their/its behalf. You also agree now and into the future to indemnify and hold us harmless, both personally and for any third party, from and claim, action, proceeding, demand, suit, loss, expense (including legal costs on a solicitor own client basis), damage or otherwise incurred as a result of your negligence, or failure to comply with your obligations under this clause

 

  • As a settlement agent undertaking works for us, you agree to protect the Proprietary Information and any cheques or moneys given to you including keeping it in a safe place until it is delivered to its intended recipient. You must not at any time, or for any reason, lose or allow anyone access to same, unless access is strictly in accordance with our instruction. You agree now and into the future to indemnify and hold us harmless from and claim, action, proceeding, demand, suit, loss, expense (including legal costs on a solicitor own client basis), damage or otherwise incurred as a result of your negligence, or failure to comply with your obligations under this clause

 

  • As a client, you consent to us (at our election) either destroying your file and all records (whether original or not) and keeping a digital copy of same or otherwise retaining same for not longer than seven (7) years, after which they will be destroyed

 

  • That we may use surveillance technology to record you, including your voice or image. The use of such technology in our offices may collect personal information on you, may record you or otherwise store sensitive information for the protection of our legitimate interest. You consent to the use and storage of such technology

  • As one of our employees or contractor’s, you further agree as follows:

    • You agree that in the event that you fail to sign in or out as required, you agree to email us as soon as you are reasonably aware of the hours of your attendance at our offices. Further, if you fail to sign out and your hours of attendance appear longer than usual, this will be deemed human error and there shall be no entitlements or rights accrued by such error, refusal, failure or neglect
       

    • Unless specifically in writing, you are not to attend our premises for longer than your required hours of work in accordance with any agreement with us, including an employment agreement. You also agree that any over-time reflected using our sign in feature, registration process or sign in software does not equate to a right to additional pay. Alternatively, where you have not attended sufficient hours and we pays you in excess of your entitlement, we reserve all rights to recover over-payment in the event of later dispute for any reason whatsoever
       

    • You hereby agree to be bound by this agreement each time you visit us, irrespective that you may not need to re-sign  anything through our sign in feature, registration process or sign in software
       

    • In the event of dispute being raised for any reason, you consent to us using and disclosing during any Tribunal or Court proceeding your personal information, including any data and any photographic evidence of you to establish your actual hours of attendance and entitlements
       

  • If you attend upon a solicitor at our office under a retainer related to advice for mortgage documents (including reverse mortgage documents) or alternatively for the purposes of guaranteeing and indemnifying a lender for a third party (person/entity) to obtain a loan:
     

    • You acknowledge that upon completion of our professional works:
       

      • That you have been honest and open in your dealings with the lender, borrower and/or us or any other associated party to the transaction; and
         

      • That you have read and understand all the documents presented to us prior to your attendance at our office; and
         

      • That you received advice in respect of the documents presented to us including all relevant matters arising out of the Queensland Law Society Checklist for Solicitors Providing Independent Legal Advice to Guarantors (a copy of which you have read, been given and can be accessed by clicking here); and
         

      • That you understand the nature and effect of any indemnity and the potentiality of being personally liable and the potential of that liability and what it could include, including the risks and consequences of a default by the borrower; and
         

      • That you have made proper and adequate enquiries into the financial viability of the transaction between the lender and borrower by consulting with a financial adviser and if you have not done so, then you are electing not to at your sole risk; and
         

      • That you understand we cannot advise on the financial viability of the transaction; and
         

      • That you have obtained sufficient information about the level of indebtedness of the borrower; and
         

      • That you have/will ask the lender about the transactions you are guaranteeing and that the lender has given you that information; and
         

      • That you are not subject to duress, undue influence or any commercial pressure and if you are, you have raised this at your appointment; and
         

      • That you are under no obligation to sign the documents presented to us and may pull-out at any time before execution; and
         

      • That generally as a guarantor, if the borrower defaults, you are not entitled to notice and that the lender can pursue you and/or any joint guarantor (usually jointly or severally meaning you personally or all the parties guaranteeing the transaction) without first pursuing the borrow (and that you do not generally have a right to insist they pursue the borrower first); and
         

      • That you have taken the liberty to ask any questions regarding the documents presented to us and that you have not left our office without fully understanding your legal rights, obligations, the risks and consequences of same; and
         

      • That as a condition before we accept the work you have given us, you have devised an ‘exit plan’ if you and/or the borrower are in default and that ‘exit plan’ is sufficient to meet the full extent of the lender’s loss and damage (inclusive of any claim, cost on indemnity or otherwise that may arise under the documents presented to us);
         

    • You hereby irrevocably agree to hold us and the solicitor who has given you advice harmless by way of indemnity now and into the future in respect of, or incidental to,  loss, damage, claim, expense, cause of action (whether threatened or instituted), cost (including a solicitor and own client basis) as a result of the provision of advice in relation to the documents presented to us and/or your retainer with us and/or for any act, omission, failure to clarify and/or raise any concern or questions at the appointment and/or not complying in all respects with the documentation and your obligations thereunder and/or obtaining independent legal advice if you feel you have not obtained proper or adequate advice and/or raising any issues with the advice within a reasonable time.

 

14. Severance

 

In the event that any part or provision contained herein is found void or unenforceable for any reason, then that part or provision insofar as the illegality or unenforceable part will be deemed severed without affecting the enforceability of any other part or provision.

 

15. Indemnity

 

By using this website or our sign in feature, registration process or sign in software you hereby indemnify us from and against any claim or proceedings, whether threatened or instituted and any liability, loss, damage or otherwise (including legal costs on an indemnity basis) that we incur or may suffer as a result of:

 

  • You breaching these terms and conditions and any agreement contained herein
     

  • You breaching a law, legislation, regulation, by-law or otherwise in Australia
     

  • You or a third party brining an action as a result of an act or, omission by you