By using my website, you agree to be bound by these Terms of Use. I may change these Terms of Use at my discretion and without notice. By continuing to use this website you accept the Terms of Use as they apply, and as varied, from time to time.
I own the copyright and other intellectual property rights in the content of this website. Do not infringe those rights. You may browse or print the content for your non-commercial, personal or internal business use. However, you must obtain my prior written permission to use, copy or reproduce any part of the website for any other purpose. All trademarks appearing on this website belong to me.
The content on this website is intended only to provide a summary and general overview on matters of interest. It is not intended to be comprehensive, specific to your individual needs nor does it, or is it intended to, constitute legal advice.
Always obtain legal or other professional advice in relation to your individual and specific circumstances. Do not act or rely on any of the content on this website.
As to the content of this website, given the nature of a website and the delay between creating, posting, changing and deleting its content there may be delays, errors or omissions that could affect the currency or accuracy of that content or information. Accordingly, it is possible that there is content on the website which, though current at the time of writing, no longer reflects the present state of the law or industry practice.
For the avoidance of doubt, a lawyer-client relationship is in no way created between the creator of this website and any user of it. You cannot rely on its content as legal advice.
This website, and all content and services provided or made available through this website, are made available to you on an 'as is' and 'as available' basis. You acknowledge and agree that to the extent permitted by the law, and subject to what is said about Consumer Guarantees below, I make no representations, warranties or guarantees in relation to the availability, suitability, continuity, reliability, accuracy, currency or security of this website.
I will not be liable if this website (or any content made available through it) is incomplete, corrupted, inaccurate, outdated or incorrect, or if this website, or any services provided or made available through it, are unavailable for any reason, including directly or indirectly as a result of:
1. Telecommunications unavailability, interruption, delay, bottleneck, failure or fault;
2. Negligent, malicious or wilful acts or omissions of third parties (including my third-party service providers);
3. Maintenance or repairs carried out by me or any third-party service provider in respect of any of the systems used in connection with the provision of this website;
4. Any events beyond my control; or
5. Services provided by third parties ceasing or becoming unavailable.
You also acknowledge and agree that to the extent possible under the law, and subject what is said about Consumer Guarantees below, I do not represent, warrant or guarantee that this website is free from computer viruses or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks.
To the extent permitted by law, any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us are excluded under these Terms of Use.
However, if a supply under these Terms of Use 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 of Use 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 me to limit our liability, then my liability is limited to:
1. In the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
2. In the case of software or other goods:
(i) the cost of replacing the goods; or
(ii) supplying equivalent goods; or
(iii) having the goods repaired; or
(iii) payment of the cost of replacing the goods; or
(iv) supplying equivalent goods or having the goods repaired,
and except in the case of a major failure (as that term is defined in the Australian Consumer Law), I can elect as between the remedies set out in paragraphs (1) and (2) above.
Subject to section 4 above, and to the extent permitted by law, I 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.
This website (or other social media websites on which I maintain a presence) may contain links to other sites over which we have no control. Those links are provided for your convenience only, and I am not responsible for their use, effect or content.
By accessing these third-party sites, you agree to any terms of access or use imposed by those sites. I 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 I warrant that material on other sites does not infringe the intellectual property rights of any other person.
My website may enable you to post comments (for example, on blogs, forums or other public areas). You are responsible for all comments that you post (or that are posted using your username and password). You must not post any comment that:
1. Is inflammatory (i.e. ‘trolling’);
2. Is xenophobic, racist, abusive, harassing or hateful;
3. Is false, defamatory, inaccurate, threatening, invasive of a person’s privacy, or constitutes personal abuse directed at other users;
4. Is obscene, sexually explicit or pornographic, or contains links to other sites that contain or promote obscene, sexually explicit or pornographic material;
5. Constitutes commercial advertising, the promotion of gambling or the promotion of your own site (commonly referred to as ‘spamming’);
6. Infringes someone else’s copyright or other intellectual property rights; or
7. Violates any applicable law.
These Terms of Use, and your use of my website, are governed by the laws of Victoria, Australia.
“danelegal” is a registered trademark. All rights reserved.
Liability limited by a scheme under the relevant Professional Standards legislation
This website and its content are copyright (C) 2023. All rights reserved.