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.
2.1 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.
3.1 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:
reproduce, modify, transmit, copy, adapt, sell, publish, frame, distribute or communicate any part of the Website; or
use it in a way which infringes our intellectual property or other property rights.
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.
5.1 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.
5.2You 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.
6.1 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):
supply of the services again; or
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:
your breach of any provision of these terms and conditions of use;
any breach or inaccuracy in any of your representations or warranties; and
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.
7.1 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.
8.1 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.
9.1 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.
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.
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.
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.
13.1 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.