Terms and Conditions

1. General

1.1 The bespokelaw.com website, including any services which we provide from time to time (Website), is operated and provided by Bespoke Nominees Pty Ltd (we, us or our). By accessing or otherwise using the Website, you agree to be bound by these terms and conditions of use.

1.2 As a condition of accessing, browsing, using or relying on any part of the Website, you must read and accept these terms and conditions of use. By accessing, browsing, using or relying on the Website, you acknowledge you have read, understood and agreed to comply with these terms and conditions of use.

2. Amendments

2.1 At any time, we may change, add or remove any part of these terms and conditions of use or any features of the Website.

2.2 Your continued use of the Website after such change, addition or removal constitutes an agreement by you to abide by, and be bound by, these terms and conditions of use, including as regards any changes we may have made.

3. Intellectual property

3.1 We own, or are otherwise licensed to use, all intellectual property in the Website. Subject to these terms and conditions of use, we grant you a non-exclusive, revocable and non-transferable licence to view, download and use information directly accessible through the Website for personal and non-commercial use (which hopefully means that our faces won’t appear on some stock photo website somewhere).

3.2 Nothing contained herein should be construed as granting any right, title or interest in, to or in relation to any of our content, images, trade marks, trade secrets, know-how or other intellectual property rights.

3.3 Any and all of our intellectual property rights (including in the Website, its content, data and images) is our sole and exclusive property.

3.4 You agree that, subject to your use of the Website in accordance with the limited licence granted to you herein, you will not infringe our intellectual property in the Website and will not:

  1. reproduce, modify, transmit, copy, adapt, sell, publish, frame, distribute or communicate any part of the Website; or
  2. use it in a way which infringes our intellectual property or other property rights.

4. Disclaimer

4.1 Except as provided by law, the Website, and any services we provide, are provided ‘as is’ and without any warranty or condition, express or implied. We do not warrant that the information contained in or accessible through, or via, the Website or a service provided via the Website or otherwise by us, is accurate, up-to-date, suitable for your purpose(s) or without errors, omissions or viruses, nor do we guarantee continuous, uninterrupted or secure access to the Website.

4.2 You acknowledge that access and use of the Website (including the software operating in connection with the Website) may be interfered with by numerous factors outside of our control, including, but not limited to, hackers or someone accidentally spilling juice on our hosting servers.

4.3 We do not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the Website or a service provided by us.

5. Use of information

5.1 If you upload, or otherwise provide, any information or content (Content) in the course of accessing or using the Website, you confirm that such Content will be available to us to use in any manner we think fit, subject to applicable provisions of any Australian legislation, including, without limitation, privacy legislation.

5.2 You agree to grant us a worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise and use the intellectual property you have in any Content, in all media (whether now known or not yet known). You also agree to waive any moral or similar rights you may have or acquire in the future in that Content in our favour.

6. Limitation of liability

6.1 You agree that we are not liable to you or anyone else for any loss or damages (including indirect, special, consequential loss, loss of data, loss of profits, revenue, data, goodwill, opportunity or anticipated savings) arising out of, or in connection with, the use or access of the Website (and all services provided by us), the use by us of the Content, or any loss or damage which may arise should you be unable to access the Website or our services, for whatever reason and however arising and whether caused by breach of statute, breach of contract, negligence or other tort or otherwise.

6.2 To the fullest extent permitted at law, we expressly limit our liability to the following remedies (the choice of which will be at our sole discretion):

  1. supply of the services again; or
  2. payment of the cost of having the services supplied again.

6.3 You indemnify us from and against any action, liability, claim, loss, damage, proceeding and expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly related to:

  1. your breach of any provision of these terms and conditions of use;
  2. any breach or inaccuracy in any of your representations or warranties; and
  3. your use of the Website.

6.4 As we are acting in our capacity as a trustee (Trustee) of a trust, being The Bespoke Unit Trust (Trust), unless we state to the contrary: (a) despite any other provision contained herein, the Trustee enters into these terms and conditions of use (and provides a service to you) as Trustee of the Trust and in no other capacity; and (b) any liability or obligation of the Trustee arising under or in connection thereto is limited, and can be enforced against the Trustee only, to the extent to which it can be satisfied out of the assets of the Trust out of which the Trustee is actually indemnified for the liability under the trust deed. Liability is limited by a scheme approved under Professional Standards Legislation.

7. Third party content or materials

7.1 You must make your own enquiries of the relevant third party direct before relying on any third party information or entering into a transaction in relation to the third party products and services supplied via, or linked from, the Website or the services contained therein.

7.2 You should check with the third party as to whether there are additional charges and terms which may apply.

8. Breach and termination

8.1 If, in our reasonable opinion, you breach any provision of these terms and conditions of use, we may immediately issue a warning, temporarily suspend or permanently prevent your access to all or any parts of the Website.

8.2 In any event, we may terminate these terms and conditions of use (and your right to use the Website) at any time and for any reason without prior notice to you.

9. Relationship

9.1 No agency, partnership, joint venture, employee–employer or franchisor–franchisee relationship is intended or created between you and us by these terms and conditions of use.

9.2 Should you engage us to act for you (whether as an outsourced in-house counsel, insourced secondee, lawyer or otherwise), we shall act as a private legal practice providing legal services and not as a corporate practitioner or otherwise. In this respect, no degree of control will be exercised by you over us in our provision of legal services, other than that ordinarily expected of a lawyer–client relationship.

10. Unavoidable events

We will not be responsible for any delay, suspension or failure arising out of any circumstances, acts, events, omissions or accidents outside of our reasonable control, including, but not limited to, acts of God, governmental actions, strikes, lockouts or other labour disputes or difficulties, war or national emergency, acts of terrorism, fire, explosion, flood, earthquake, acts or omissions of a third party, inability to obtain any necessary materials, equipment or services, failure of performance provided by others, internet interruption or virus, accidents or breakdown, or failure or delay of plant, machinery, software, hardware, communication network or internet service provider.

11. Severability

If any provision of these terms and conditions of use is found by any court or body of competent jurisdiction to be wholly or partially illegal, invalid, void, voidable, unenforceable or unreasonable, then it shall be severed to the extent of the illegality, invalidity, voidness, voidability, unenforceability or unreasonableness, but the remaining provisions shall be unaffected and continue in full force and effect.

12. Waiver

Failure or delay by us in enforcing or partially enforcing any provision in these terms and conditions of use will not be construed as a waiver of any of our rights hereunder.

13. Governing law and jurisdiction

13.1 The Website is available only to people who can form legally binding contracts under applicable law.

13.2 These terms and conditions of use, and the agreement of which they form part, is to be governed by the laws and exclusive jurisdiction of the state of Victoria, Australia.

13.3 You hereby submit irrevocably and unconditionally to the jurisdiction of the courts of the state of Victoria, Australia in all disputes related or connected to these terms and conditions of use.

Privacy Policy

1. Introduction

1.1 We respect your privacy and are committed to protecting your personal information. Here we outline the obligations which we have in managing the personal information we hold about clients, potential clients, contractors and others.

1.2 Your privacy is very important to us and we will act to protect your personal information in line with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth). We take this responsibility seriously and are very careful about how and when your personal information is collected, used and stored.

2. What this Privacy Policy covers

This privacy policy applies in general terms to the following:

  1. the collection of your personal information by us;
  2. the storage of your personal information by us;
  3. the use of your personal information by us;
  4. the disclosure of your personal information by us;
  5. how you may access personal information that we keep; and
  6. how you may complain about a suspected privacy breach.
  7. Personal information is generally collected and stored about clients and potential clients, suppliers and their employees, employees and contractors, and potential employees and contractors.

3. Consent

3.1 By using, browsing or accessing the Website or our services, you consent to the collection and use of your personal information by us for the purposes set out, or contemplated, in this privacy policy.

3.2 Access to the Website or services is conditional on your approval of this privacy policy, and you acknowledge and agree that your use of the Website or services serves as your consent to the terms of this privacy policy.

4. How and when we collect personal information

4.1 We generally collect personal information by way of forms, face-to-face meetings, interviews, business cards, documents, phone conversations, publicly visible websites and from third parties. We also collect personal information from our website, blog, social media pages, the internet, contact forms and emails.

4.2 This may include, but is not limited to, your name, address, email, contact details, phone number, credit card information, occupation and other personal information requested by us, or otherwise assisting us in conducting our business, providing and marketing our services and meeting our legal obligations.

4.3 By providing your personal information to us, you acknowledge that you are authorised to provide it to us.

4.4 We will only collect personal information that is necessary for 1 or more of our functions or for the purposes disclosed to you.

5. How we use your personal information

5.1 We may use, collect and store your personal information in order to:

  1. provide and market our products and services, inform you about our website, products or services, or other matters which we believe may be of interest to you;
  2. provide training, updates and newsletters;
  3. measure site activity;
  4. improve our range of products and services;
  5. satisfy your needs; and
  6. protect our web pages and trace unauthorised access.

5.2 We do not use or share personal information for any purpose other than for the purpose for which it was disclosed. For the avoidance of doubt, we are not in the business of buying and selling personal information.

5.3 We may provide your personal information to our related bodies corporate, business partners, service providers, third party contractors, agents, suppliers and authorised third party service providers who perform functions on our behalf.

5.4 In all circumstances where your personal information is disclosed, we will use reasonable endeavours to ensure these third parties undertake to protect your privacy in accordance with Australian privacy laws.

6. Storage and security

6.1 We want you to feel confident in communicating with us via the internet. We work hard to store your personal information securely and to make our website and systems as secure as possible against unauthorised access.

6.2 Despite our reasonable endeavours, however, we are unable to ensure or warrant the security of any personal information transmitted to us. Accordingly, all personal information disclosed by you to us is at your own risk and we will not be liable for any unauthorised access, loss or damage to the personal information.

6.3 If we determine that personal information is no longer needed, we will take reasonable steps to destroy or permanently de-identify it, unless we are required by law, court, tribunal or industry standard to retain it.

7. Disclosure of personal information

7.1 We sometimes outsource certain tasks or services to others. These service providers only have access to your personal information to the extent necessary for that task or service. These service providers are obliged to treat your personal information according to the relevant privacy laws.

7.2 These service providers may be located both in and outside of Australia. In particular, as at the date when this privacy policy was most recently updated, to the best of our knowledge, your personal information may be disclosed to recipients in New Zealand and the United States of America, and other countries, from time to time. If you decide that you do not wish for them to receive your personal information, let us know by contacting our Privacy Officer.

7.3 Prior to the disclosure of personal information to an overseas service provider, we will take reasonable steps to ensure that the overseas recipient treats your personal information securely and otherwise complies with the relevant Australian Privacy Principles.

7.4 In the event of a merger, acquisition or sale of the whole or part of our business or assets, we reserve the right to transfer your personal information as part of any such transaction. However, your personal information would remain subject to this privacy policy.

7.5 We may disclose any information, including personal information, that we deem necessary to comply with any applicable law, regulation, legal process, governmental request or industry code.

8. Links to other sites

Although our website may contain links to, or from, external websites, those websites are not subject to our privacy standards, policies or procedures. We therefore recommend that you make your own enquires as to the privacy policies of these third parties. This privacy policy applies only to the information we collect on our website.

9. Direct marketing

9.1 Where we have your consent (express or implied), or where otherwise permitted by law, we may use your personal information to send you information about the products or services we offer, as well as other information. We may send this information by email.

9.2 If you do not wish to receive these communications, you can opt out at any time in the ways set out below and we will remove you at your request:

  1. by writing to our Privacy Officer by email to info@bespokelaw.com; or
  2. by using an unsubscribe facility in our commercial electronic messages (ie email or SMS) to opt out of receiving those messages.

10. Cookies (not the baked kind)

10.1 A cookie is a piece of data that enables us to record and target your preferences.

10.2 We may use cookies to enable us to identify you as a return user and personalise and enhance your experience and use of the website. Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or to warn you before accepting cookies. If you have set your browser to warn you before accepting cookies, you will receive the warning message with each cookie.

10.3 If you reject our cookies, you may still use the website, but you may be limited in the use of some of the features and this may affect the functionality of the website for you. We use cookies to help us improve our service to you when you access the website and to ensure that the website remains easy to use and navigate.

11. Access and keeping up-to-date

11.1 You may obtain access to the personal information which we have collected about you, and request corrections, by contacting our Privacy Officer at info@bespokelaw.com.

11.2 We will use reasonable endeavours to provide a complete list of your personal information within 21 days of receipt of your enquiry. We reserve the right to charge a reasonable fee for this service to meet our reasonable costs in providing you with details of the information we hold about you. Proof of identity may be required before such information will be provided.

11.3 We will use reasonable endeavours to keep your personal information that we collect accurate, up-to-date and complete. You should notify us in writing in the event that your personal information changes.

12. Changes to the Privacy Policy

12.1 We will amend this privacy policy if necessary, and with or without notice, including in order to adapt to:

  1. any change in privacy laws or industry standards; and
  2. future changes in our use of your personal information.

12.2 Any changes to this privacy policy will be posted here. Your continued use of our website and services following any such amendment will be confirmation of your acceptance of the amendments.

12.3 We recommend you revisit this privacy policy frequently to ensure that you are kept up-to-date with the current version.

13. Talk to us

13.1 If you have any questions about our privacy policy or have any issues regarding the way we have handled your personal information, do not hesitate to contact our Privacy Officer.

13.2 Further information about privacy law and the Australian Privacy Principles is available from the Office of the Australian Information Commissioner.