By using the Lucidian Law website located at the internet address lucidianlaw.com.au (“the Website”), and in consideration of Lucidian Law (“us”, “we”, “our”) providing you with access to the materials on our Website, you agree to the following terms and conditions of use (“Terms and Conditions”):
The information, documents, graphics, images, fonts, articles, content and any of form of information capable of being displayed on the Website (“Materials”), are not intended to be taken as exhaustive information, but rather, to summarise our products, services and any other matters that may be of interest to our existing or potential clients.
Because the Internet is not a secure medium we cannot guarantee, and we will not be liable to you, for any communications to and from our Website that may be intercepted or altered in transit by any third parties.
We do not warrant that our Website will always be free from anything which may damage any device which accesses our Website or data on such a device.
Our Website, and the information and facilities contained on our Website, must not be used in any unlawful way, for any illicit or illegal purpose, or in any manner that infringes upon our rights.
In addition, you must not:
- data mine or conduct automated searches on our Website or the Materials on our Website, whether through the use of additional software or otherwise;
- incorporate any of the Materials on our Website, including any advertising or promotional Materials;
- create links from our Website to any other website on the Internet, or copy our Website without our prior written consent;
- tamper with, hinder the operation of, or make unauthorised modifications to our Website or any of its Materials;
- knowingly transmit any virus, worm, trojan or any other cyber security threat or disabling feature to, or via, our Website;
- use our Website, or any of the Materials, to defame, abuse, harass, stalk, threaten or cause any actions that would violate the legal rights (such as rights of privacy and publicity) of others;
- advertise or offer to sell any goods, services or subscriptions, nor shall you conduct or forward any surveys, contests or chain letters;
- delete any author attributions, legal notices or proprietary designations or labels contained in any Materials that are displayed, uploaded or available for download on the Website;
- use our Website to send commercial, unsolicited, or bulk electronic messages, in any material form, to anyone or in any manner which constitutes a breach of the Spam Act 2003 (Cth) [https://www.legislation.gov.au/Details/C2016C00614]; or
- use our Website, or any facilities available on our Website, for any activities, including transmitting to or via our Website, any information or Materials which breach any laws or regulations;
- breach these Terms and Conditions;
- infringe the rights of any third parties, including, but not limited to, any intellectual property rights, rights of privacy, or any information regarded as commercial in confidence such as trade secrets;
- display on, or use our website in connection with, any Materials that are, or are capable of being interpreted as, inappropriate, offensive, obscene, threatening, indecent, inflammatory, illicit, pornographic, defamatory, confidential, false, misleading or are discriminatory to the extent that this breaches any applicable anti-discrimination legislation;
- display, or attempt to display, either privately or publicly, any information which is used in connection with our Website that would identify a person, or information which could be used to identify a person (including any copy, photos or other pictorial representations), unless you have obtained that person’s authority to do so; or
- attempt to do, or permit another person to do, any of the above acts.
Acceptance of Risk
When you access our Website you are warranting that you have done so at your own risk, and that you are solely responsible, to the extent permitted by law, for any compliance with the laws pertaining to the jurisdiction where you accessed the Website.
Access Outside Australia
We do not represent or warrant that any Materials on our Website complies with the laws of any country outside of Australia. If you access our Website from outside Australia, you do so at your own risk.
Availability of Website
We may, without prior notice, suspend, disconnect, or deny you access to all, or part of, our Website if any of the following occurs:
- any technical failure;
- to conduct any required maintenance;
- if you fail to comply with any agreement with us; or
- if you do, or allow to be done, anything which in our opinion may jeopardise the operation of our Website.
We reserve the right to make any improvements and/or changes we deem necessary to our Website or Materials at any time and without notice.
If permitted by the laws of the jurisdiction where you have accessed our Website, you may download, print, or copy any Materials on our Website, but only if this is done strictly for personal use. However, taking any of the actions above does not entitle you to any legal right to own any of this intellectual property, nor does it provide you with a legal right to sell any of this intellectual property to a third party.
Unless written consent has been provided to you by us, you cannot, sell, lease, furnish or otherwise permit or provide access to our Website to any other person. Moreover, you must not use, reproduce, communicate, publish, or distribute any of the Content on our Website, unless you have been granted written consent by us to do so or if these acts would constitute a fair dealing, pursuant to the Copyright Act 1968 (Cth) [https://www.legislation.gov.au/Details/C2019C00042].
Under no circumstances can you reproduce or use any of the Materials displayed, or used in connection with our Website, for your or anyone else’s commercial gain.
No Representations as to the Provision of Legal Advice
The Materials displayed, and used in connection with our Website, are strictly general in nature and shall not be interpreted as being capable of providing anything other than general comment or advice.
Under no circumstances should the Materials displayed and used in connection with our Website be taken to constitute immigration advice or immigration assistance as defined by the Migration Act 1958 (Cth) [https://www.legislation.gov.au/Details/C2018C00337].
Any articles, blogs, comments or any other information displayed, or used in connection with our Website, are not intended to be fully comprehensive of the subject matters that they relate to, nor do they constitute the provision of any legal advice from us to you.
Whilst every reasonable attempt is made to ensure that any Materials published on the Website are up to date at the time of publication, we do not, and cannot, guarantee its currency or accuracy.
Users of our Website should not act, or rely upon, any of the Materials published by us on our Website without first consulting one of our registered migration agents.
The creation of a client/agent relationship between you and us does not arise, either explicitly or implicitly, as a result of you viewing, accessing or commenting on any of the Materials displayed on our Website.
Unless otherwise indicated, we exclusively hold the rights to all the copyright associated with the Materials and design of our Website. We also own all such copyright, or have been granted access to use of any copyright owned by a third party, under a valid licencing agreement or applicable law.
Unless done in accordance with the purposes of the Copyright Act 1968 (Cth), and subject to the obligations contained therein or any other applicable legislation throughout the world, or as otherwise provided for in this copyright notice, no part of any Materials may in any form or by any means (including framing, screen scraping, electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system or transmitted without our prior written consent.
If a trade mark owned by us is displayed on our website, any unauthorised use of these trademarks will constitute an infringement of our intellectual property rights.
We reserve all other rights in the Materials and our Website.
Whilst our Website is available for use by the general public, no assumption of a duty of care owed by us to any users of our Website exists.
We make no warranties or representations in any form regarding the quality, accuracy, completeness, merchantability, or fitness for purpose of the Materials. You should seek legal or other professional advice before acting or relying on any of the Materials.
We also do not warrant or represent that our Website or Materials will not cause any damage to any devices that are used to access our Website, nor do we warrant or represent that our Website or Materials are free from any viruses, malware, worms, trojans, defects, errors or any other cyber security threats that may cause any inconvenience or damage to any property or information owned or used by you.
Where any law implies a warranty into these Terms and Conditions which may not lawfully be excluded, then to the maximum extent permitted by law, our liability for any breach of the warranty will, at our option, be limited to the supply of the services again, or the payment of the cost of having them supplied again.
Where any liability by us to you in connection with our Website cannot be excluded, any liability incurred by us in relation to the use of our Website or the Materials is limited to any of the obligations contained in the Competition and Consumer Act 2010 (Cth) [https://www.legislation.gov.au/Details/C2018C00437].
Under no circumstances will we be liable for any incidental, special or consequential damages, including any damages for any loss of business or other profits, which arises because of any use of, or reliance on, any of the Materials on our Website.
The Website may contain links to third party websites. We make no warranties or representations that the Materials displayed on these third-party websites do not infringe upon the intellectual property rights of any person/s anywhere in the world.
To be clear, we do not authorise any infringement of any intellectual property rights contained in the Materials on other sites.
A third-party website may contain a link to our Website. The availability of a link contained on a third-party website that directs a user to our Website does not mean that there is a direct or indirect relationship between us and this third party. We do not accept any liability for any losses or damages that may arise as a result of you accessing a link to our Website that is contained on a third-party website.
You represent and warrant in relation to any Materials, content and/or information you provide to our Website that:
- you will not knowingly transmit any worm, virus, malware, trojan or any other disabling feature to, or via, our Website;
- you are authorised to provide the Materials and/or information;
- the Materials and/or information is not defamatory, malicious, false or misleading in relation to any product, service, person or entity;
- the Materials and/or information does not constitute a ‘passing off’ of any product or service and does not constitute unfair competition;
- the Materials and/or information does not infringe upon any intellectual property rights including, but not limited to, any trademarks, service marks or business names (whether registered or unregistered), designs, patents, confidential information or copyright;
- the Materials and/or information does not breach any legislative or regulatory requirements including, but not limited to, the Competition and Consumer Act 2010 (Cth) and Fair Trading Act 1989 (QLD) [https://www.legislation.qld.gov.au/view/html/inforce/current/act-1989-084], or any equivalent Australian State or Territory legislation, or any law in any country where the Materials and/or information is or will be available electronically to users of our Website.
Improvements to Website
We are open to any ideas or feedback you may have about all the aspects of our Website. If you provide us with such feedback, you agree that we may reproduce, distribute, transmit, create derivative works of, and publicly display any Materials and other information (including ideas for new or improved products and services) that you submit to any public areas of our Website (such as forums) or by post or email to us.
If any part of these Terms and Conditions are found to be void, illegal, or unenforceable, then this part will be deemed to be severable from the balance of the Terms and Conditions, and the severed part will not affect the validity and enforceability of any of the remaining terms and conditions.
The law applicable to the use of our Website, the Materials and to any disputes that may arise in relation to our Website, the Materials and the Terms and Conditions of Use are governed by, and are to be interpreted in accordance with, the laws of the state of Queensland, Australia.
If a dispute arises in connection with the Terms and Conditions, you agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia.
By using our Website, you indemnify us and our respective officers, employees and agents (the Indemnified) against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a full indemnity basis) that we incur or suffer as a direct or indirect result of:
a breach by you of these Terms and Conditions;
an actual or alleged breach by you of any law, legislation, regulation, by-law or code of conduct caused by any data that is either uploaded or downloaded from our Website;
any claims brought by or on behalf of any third party relating to any act or omission by you.
We maintain absolute discretion to change the Terms and Conditions without notice. Where a change to the Terms and Conditions by us occurs, the current version will be available on our Website whilst these changes are being made.
If we make a decision not to act in relation to a particular breach by you of these Terms and Conditions, this shall not be treated as a waiver by us regarding our right to act with respect to this particular, or any other similar or subsequent breaches.
You acknowledge the Materials are for the purpose of general comment only, and that this is not intended for any particular user. You also acknowledge that in preparing the Materials, we have not taken into account any particular user’s objectives, circumstances, financial situation or any other needs particular to that user. Accordingly, before acting on any information contained in the Materials, you should contact us to determine whether this is appropriate in regards to your particular circumstances and requirements.
If you have any questions or comments about these Terms and Conditions, write to us at:
Post: Suite 3, Level 2, 139-145 Charlotte Street, Brisbane City, QLD, 4000