By using the Morgan + English (we, us, our, M+E) website, you agree to be bound by, and abide by, these Terms and Conditions. We may change these Terms and Conditions at our discretion and without notice. By continuing to use this website you accept the Terms and Conditions as they apply from time to time.
1. General information and not legal advice
The information presented on our website is meant to provide a general overview of matters of interest and updates relevant to legal services and is subject to change without notice. This information is not intended to be comprehensive or to serve as legal advice.
You should always ensure you obtain legal or other professional advice appropriate to your own circumstances before acting or relying on any of the content on our website. You can contact Morgan + English to discuss your specific legal problems and obtain this advice.
While M+E make every effort to ensure that the information on our website is up-to-date, there may be delays, errors or omissions that could affect its accuracy or currency. Some articles and other content on the website may be historical and no longer reflect current laws or industry practices and should not be taken as an indication of future laws or industry practices. Any information and articles contained on our website are current at the time of publication only and no guarantee is made as to the voracity or accuracy of such information.
Nothing contained on this website establishes a solicitor-client relationship between us including any use of the website or receipt of information contained within our website.
This website, including all content and services provided or made available through it, is presented to you on an “as is” and “as available” basis. To the maximum extent permitted by law and subject to section 3 below, we offer no representations, warranties, or guarantees concerning the availability, suitability, continuity, reliability, accuracy, currency, or security of this website.
We shall not be held liable if this website (or any content offered through it) is incomplete, corrupted, inaccurate, outdated, or incorrect, or if this website or any services provided through it become unavailable for any reason, including but not limited to:
a. Any failure, fault, interruption or delay in telecommunications;
b. negligent, malicious, or deliberate acts or omissions by third parties (including our third-party service providers);
c. Maintenance or repairs carried out by us or any third-party service provider in connection with this website;
d. Circumstances beyond our control including any force majeure event or act of God; or
e. The failure, fault, interruption, delay or discontinuation of third party services.
Any person who wholly or partly does or declines to do any thing in reliance upon the contents of this website does so at their own risk and M+E expressly disclaims liability for the consequences of such action or inaction in respect of the consequences of anything done or omitted to be done wholly or partly in reliance upon the use or contents of this Website.
To the maximum extent possible under the law and subject to section 3 below, we do not represent, warrant, or guarantee that this website is free from computer viruses or any other defects or errors that may harm your software or systems. To protect your software and systems, you should ensure you have installed and implemented cyber security and system checks.
3. Consumer guarantees
To the maximum extent permitted by law, any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or general law that impose any liability or obligation on us are excluded under these Terms and Conditions.
However, if a supply under these Terms and Conditions is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law (contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth)), nothing contained in these Terms and Conditions excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits us to limit our liability, then our liability is limited to one of the following, which remedy M+E can elect in our absolute discretion:
a. in the case of services, the cost of re-supplying the services or payment for re-supply of the services; and
b. in the case of software or other goods, the cost of replacing, repairing, or supplying equivalent goods, or the reasonable cost of the same.
4. Exclusion of liability
Subject to section 3 above, and to the extent permitted by law, M+E exclude liability for all direct, indirect or consequential liabilities, losses, damages, costs and expenses (including, without limitation, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data or loss of anticipated savings or benefits), whether arising in contract, tort (including negligence) or otherwise, suffered or incurred by any person in connection with or in any way relating to the website or any content or services provided or made available through the website.
5. Third party links
Our website (or social media websites on which we maintain a presence) may contain links to other sites over which we have no control. M+E provides these links for your convenience only, and we are not responsible for their use, effect or content.
By accessing third party sites, you agree to any terms of access or use imposed by those sites. We do not endorse any material on third party sites and do not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of the material on those sites, nor do we warrant that material on other sites does not infringe the intellectual property rights of any other person.
Should any third party entity request removal of any link from this website, we will do so as soon as reasonably practicable.
6. Sharing of Personal Information
Any person who makes contact with M+E by use of the email or “contact” facilities contained in this website should ensure they do not send any confidential, privileged, sensitive, or private information. Use of the e-mail feature on this website does not create a lawyer-client relationship. Although we always try our best to respond to questions submitted to us, we do not assume responsibility for any failure to do so.
If you need urgent advice, you should contact M+E directly.
7. Intellectual property rights
Unless expressly authorised, all intellectual property rights, including copyrights, in the content of this website are owned by us. Any unauthorised use, reproduction, or distribution of the website’s content, in whole or in part, is strictly prohibited. You may only browse or print the content for non-commercial, personal or internal business use, but you must obtain our prior written consent before using, copying, or reproducing any part of the website for any other purpose.
The trademarks appearing on this website belong to their respective owners and are protected by law.
8. Password secrecy
We may choose to issue you with a username and password to enable you to access particular features on our website or of our system so that you may access your legal documents in our possession. If we do, you must keep those details confidential (and you are responsible for their misuse if you don’t).
9. Publication of Comments
From time to time our website or associated social media pages may provide a platform for posting comments, such as on blogs, article posts, forums, and other public areas. You are solely responsible for the content of your comments. You are strictly prohibited from posting any comment that:
a. is considered inflammatory (known as ‘trolling’);
b. contains xenophobic, racist, abusive, harassing, or hateful language;
c. includes false, defamatory, inaccurate, threatening, or invasive remarks that breach an individual’s privacy, or involves personal abuse directed at other users;
d. contains obscene, pornographic, or sexually explicit material or links to sites that contain or promote such content;
e. involves commercial advertising, promotes gambling, or spamming;
f. infringes on the intellectual property rights of another person, such as copyright; or
g. violates any applicable law.
10. Governing law and Jurisdiction
These Terms and Conditions, and your use of our website, are governed by the laws of New South Wales, Australia and are subject to the jurisdiction of its tribunals and Courts.