terms and conditions.

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Terms and conditions.

1. General

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

1.2 You must read and accept (or reject) these terms and conditions of use as a condition of you accessing, browsing, using or relying on any part of this Website. By accessing, browsing or using the Website you acknowledge that you have read, understood and agree to comply with these terms and conditions of use.

2. Amendments

2.1 We are entitled at our sole discretion to change, add or remove any part of these terms and conditions of use and to change, add or delete any features of the Website at any time by posting the amendment on the Website or by notifying you by any other means of communication.

2.2 Your continued use of the Website after this time constitutes an agreement by you to abide by and be bound by these terms and conditions of use, as so amended.

3. Intellectual property

3.1 We own, or are otherwise licensed to use, all intellectual property in the Website, unless indicated otherwise. Subject to these terms and conditions of use, we grant to you a non-exclusive and non transferable licence to view, download and use information directly accessible through the Website for personal and non-commercial use.

3.2 Nothing contained herein shall be construed as granting any right, title or interest in any of trade marks, trade secrets, know-how or other intellectual property rights in relation to the Website or otherwise.

3.3 Any and all intellectual property rights in the Website (including, without limitation, all content, data and images) shall be 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, you will not infringe our intellectual property (including, without limitation, our trade marks and copyright) in the Website and will not reproduce, modify, transmit (including broadcast), copy, adapt, sell, publish, frame, distribute or communicate any part of the Website or any information, data or music contained therein or otherwise use them in a way which will infringe our intellectual property or other property rights, except as permitted by law or with our prior written consent.

4. Disclaimer

4.1 Except as provided by law, the Website, and the services provided by us whether via the Website or otherwise, 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 by us, is accurate, up-to-date, suitable for your purposes 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.

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.

4.4 Subject to the relevant requirements at law, we make no representations or warranties in respect of the information and materials available on, or via, the Website, or a service provided by us, or the means of accessing that information and material.

4.5 We make no warranty or representation and accept no responsibility for any websites, services, products or data operated or controlled by entities other than us which are or may become linked or framed to or from the Website. You access those sites and use the products, services or data made available at those sites solely at your own risk.

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 agree that such Content will be available to us to use in any manner we think fit, subject to applicable provisions of any legislation including (without limitation) privacy legislation.

5.2 You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise and use the intellectual property you have in any Content, in all media now known or not currently known. You also agree to waive any moral rights or similar rights you may have or may 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, without limitation, direct, indirect, special or consequential loss, loss of profits, loss of revenue, loss of data, loss of goodwill, loss of opportunity, loss of anticipated savings) arising out of or in connection with (directly or indirectly) the use or access of the Website (and all services related thereto pr provided by us), the use by us of Content, or any such 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 extent that we are able, at law, to limit the remedies available under these terms and conditions of use, we expressly limit our liability for breach of a condition or warranty, implied by virtue of any law, to the following remedies (the choice of which is to be at our sole discretion):

(a) supply of the services again; or

(b) the payment of the cost of having the services supplied again.

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

(a) your breach or non-observance of any term of these terms and conditions of use;

(b) any breach or inaccuracy in any of your representations or warranties; or

(c) 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: (i) 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; (ii) 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 with 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 the Website or the services contained therein. You should check with the third party whether there are additional charges and terms which may apply.

7.2 We may receive fees and/or commissions from third parties for goods and services of such third parties displayed or made available on the Website or accessible through a hyperlink on the Website and you acknowledge and consent to us receiving same.

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 parts of the Website. 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 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. Force majeure

10.1 We shall 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 difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, earthquake, an act or omission of a third party, inability to obtain any necessary materials, equipment or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown, failure or delay of plant, machinery, software, hardware, communication network internet service provider.

11. Severability

11.1 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 it shall be deemed severable to the extent that the remaining provisions of these terms and conditions of use shall continue in full force and effect.

12. Waiver

12.1 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 under these terms and conditions of use.

13. Governing law 

13.1 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.

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

Privacy Policy.

1. Introduction

1.1 Bespoke respects your privacy and is 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 Thank you for taking the time to read our Privacy Policy. Our Privacy Policy explains (in plain English) what you need to know about our treatment of your personal information. If you have questions, please contact our Privacy Officer.

1.3 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

2.1 This Privacy Policy applies in general terms to the following:

2.2 Personal information is generally collected and held 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 our site or 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 our site or services is conditional on your approval of this Privacy Policy and you agree that your use of our site or services 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 filled out by people, face-to-face meetings, interviews, business cards, documents, forms, telephone conversations and from third parties. We also collect personal information from our website, our blog, social media pages and the internet and through receiving subscription applications, 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 one or more of our functions or for the purpose disclosed to you.

5. How we use your personal information

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

5.2 We do not use or share personal information for any purpose other than for the purpose for which it was disclosed.

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 (such as marketing organisations, financial and credit card institutions in order to process payments, hosting companies, web developers, internet service providers, external business advisors such as auditors and accountants, virtual assistants and legal process outsourcing providers).

5.4 In all circumstances where your Personal Information is disclosed, we will ensure that these third parties undertake to protect your privacy.

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 site and systems as secure as possible against unauthorised access.

6.2 Despite our reasonable endeavours, 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 are not 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 Australia. In particular, as at the date 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 United States of America, and other countries from time to time. If you decide that you do not wish to receive information from them you may 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, we deem necessary to comply with any applicable law, regulation, legal process, governmental request or industry code.

8. Links to other sites

8.1 Although our site may contain links to, or from, external websites, those websites are not subject to our privacy standards, policies or procedures. We 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, or via, our site.

9. Direct marketing

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

9.2 We may send this information by email. 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:

10. Cookies

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 our site. 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 our site, but you may be limited in the use of some of the features and this may affect the functionality of our site. We use cookies to help us improve our service to you when you access our site and to ensure that our site 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 privacy@bespokelaw.com

11.2 We will use our 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 our 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 your personal information changes.

12. Changes to the Privacy Policy

12.1 We will amend this Privacy Policy if necessary including in order to adapt to:

12.2 Any changes to this Privacy Policy will be posted here. Your continued use of our site 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.


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