1. Welcome to the website of Macpherson Kelley, which includes the following entities:
    • M&K Lawyers Holdings Pty Ltd;
    • Macpherson Kelley Pty Ltd;
    • M&K Lawyers Investments Pty Ltd;
    • M&K Lawyers Nominee Pty Ltd;
    • Macpherson & Kelley Lawyers Pty Ltd;
    • Macpherson & Kelley Lawyers (Sydney) Pty Ltd; and
    • Macpherson & Kelley Lawyers (Brisbane) Pty Ltd.
    • M&K Patent Services Pty Ltd
  2. We have created this website for the use and enjoyment of our clients, potential clients and referrers.
  3. By accessing, browsing or using this website (Website), you agree to be bound by these terms, conditions and disclaimers as amended from time to time (Terms of Use). Please read these Terms of Use carefully before using the Website.
  4. These Terms of Use are in addition to any other terms and conditions that apply to the transaction you have entered into with Macpherson Kelley, the services you or your organisation have engaged Macpherson Kelley to provide, and the services you or your organisation are interested in. If you do not agree to be bound by these Terms of Use, then please immediately discontinue your use of the Website.
  5. Macpherson Kelley may amend the Terms of Use at its discretion and without notice by posting the amended Terms of Use on this Website. A copy of the current Terms of Use will be available on this Website at all times.
  6. By continuing to use this Website you accept the Terms of Use as they apply from time to time. You should visit this page periodically to review the Terms of Use. If you violate any Terms of Use your right to use and access this Website automatically terminates.
  7. Macpherson Kelley reserves the right to change or discontinue any feature of the Website, the hours of availability and the equipment required for access.

Disclaimer of Liability

  1. Whilst care is taken to ensure the content on this Website is current and accurate, Macpherson Kelley does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the information and content contained on the Website (collectively, Content), or that it is suitable for your intended use.
  2. The Content, including any newsletters and publications, on this Website is intended for informational purposes only to provide a summary and general overview on matters of interest. The Content is provided by Macpherson Kelley in good faith on an “as is” basis without warranty of any kind.
  3. You agree and acknowledge that you have not made known to Macpherson Kelley either expressly or by implication, any purpose for which you require the Website, and you have the sole responsibility of satisfying yourself it and the Content is suitable for your intended use.
  4. The Content provided is of a general nature only and should not be used as the basis for making any decision, without consulting primary, more accurate, complete or timely sources of information and relating it specifically to your personal and financial circumstances.
  5. The Website may contain historical Content that is not current and is provided for reference purposes only.
  6. Nothing in this Website is intended to constitute professional or legal advice, or to create a solicitor-client relationship between you and Macpherson Kelley. You should seek legal advice specific to the particular facts and circumstances at issue before acting or relying on any Content contained on the Website or any other content presented, accessed or linked from the Website.
  7. Macpherson Kelley makes no warranties, guarantees or representations that the Content on the Website will not cause damage or that the Content is free from any computer virus or other defects. Macpherson Kelley is not responsible to you or anyone else for any loss or damage which may be incurred in connection with the use of this Website or any of the Content. This includes, but is not limited to loss suffered in connection with out of date Content or the transmission of computer viruses.  Macpherson Kelley recommends that virus checks should be done on any Content downloaded. The use of the Website and the Content is at your own risk.
  8. All warranties, representations and implied terms and any liability which may arise in relation to your access to the Website or the Content are expressly excluded to the extent permitted by law.
  9. Macpherson Kelley reserves the right to suspend or terminate your access to the Website at its sole discretion for any reason.
  10. Macpherson Kelley will use reasonable endeavours to ensure that the Website is available continuously. However, Macpherson Kelley does not guarantee that access to the Website will be continuous or uninterrupted.
  11. To the extent permitted by law, Macpherson Kelley, its directors, employees, contractors and representatives will in no way be liable to any party for any injury, loss or damage arising out of or related to the use of (or the inability to use) the Content, any opinions displayed on the Website, or any information made available in response to any enquiries or services you or your organisation are interested in.
  12. To the extent permitted by law, Macpherson Kelley will not be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data, loss of business, business interruption, or lost profits. If your use of the Website results in the need for servicing or replacing of any equipment, Macpherson Kelley will not be liable for those costs to the extent permitted by law.
  13. Where liability cannot be excluded, to the extent permitted by law, any liability incurred by Macpherson Kelley is limited to the re-supply of the Content on the Website, or the reasonable costs of having the Content re-supplied.

Prohibited use of the Website

  1. You warrant that you will not use this Website for any purpose prohibited by these Terms of Use and acknowledge that you will not:
    • use this Website to endorse or promote concepts that are hateful or disparaging towards any race, religion, political affiliation, gender, sexual orientation or nationality or otherwise offend any person;
    • publish, link to or disseminate any content which is unlawful, obscene, indecent, offensive or inappropriate;
    • impersonate any other person or entity or share information which reasonably identifies another person without their consent.
  2. You acknowledge and agree that you release, discharge and indemnify Macpherson Kelley from and against any claim or demand which may be brought against or made upon Macpherson Kelley by you or any third party in connection with your use of the Website.

Links to other sites

  1. You may from time to time be able to, through hypertext or other computer links, gain access to other websites operated either by Macpherson Kelley, its affiliates (Linked Sites) or other third parties (Third Party Linked Sites).
  2. The Linked Sites may have different terms of use.
  3. Unless otherwise specified, the Third Party Linked Sites are not under Macpherson Kelley’s control. The Third Party Linked Sites may have different terms of use and may be subject to different laws. Macpherson Kelley is not responsible for the content of any Third Party Linked Sites, or any changes or updates to such sites. Macpherson Kelley provides these links for your convenience only. You link to any such Third Party Linked Sites at your own risk. Macpherson Kelley is not a party to any transaction between you and a Third Party Linked Site. Unless specified, Macpherson Kelley does not sponsor, endorse, adopt, confirm, guarantee or approve of any material or representations made in those Third Party Linked Sites.

Jurisdiction

  1. Macpherson Kelley does not represent that it holds the authorisations, licences and approvals required to provide legal advice in all jurisdictions where the Content may be viewed or received. It is your responsibility to ensure that use of this Website is in accordance with the laws of the relevant jurisdiction where the Content is viewed or received.

Intellectual Property

  1. The copyright on the Website is owned by Macpherson Kelley and/or its affiliates. All rights reserved.
  2. You acknowledge and agree that all content, coding, graphics, images, animations and Content available on this Website is protected by copyright, trade mark or other intellectual property rights and laws.
  3. No part of the Content displayed on the Website may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or manner without Macpherson Kelley’s prior written consent. However, you may download and print these Terms of Use for your personal non-commercial use.
  4. You expressly acknowledge that your use of the Website does not result in you gaining any right, title or interest to the Content or any other aspect of the Website.
  5. Commercial use of the Website and the Content is expressly prohibited.
  6. The Trade Marks which appear on this Website are the Trade Marks of their respective owners. Use of these Trade Marks without the owner’s consent will infringe the respective owner’s intellectual property rights. Nothing in this Website should be interpreted as granting any rights to use or distribute any names, logos or Trade Marks, except with the express written consent of the respective owner.

Spam

  1. Any publication of electronic mail addresses on this website is to facilitate communications relating to Macpherson Kelley’s functions and must not be inferred as consent by Macpherson Kelley or the relevant addressee to receiving unsolicited commercial electronic messages.

Miscellaneous

  1. By accessing and using this Website, you agree to submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia, and the courts entitled to hear appeals from those courts. If you access this Website from other jurisdictions, you are additionally responsible for compliance with local laws.
  2. If a provision (or part of it) is held to be unenforceable or invalid, then it must be interpreted as narrowly as necessary to allow it to be enforceable or valid.
  3. If a provision (or part of it) cannot be read down, then the provision (or part of it) must be severed from these Terms of Use and the remaining provisions (and remaining part of the provision) are valid and enforceable.
  4. A party may exercise its rights at any time and does not waive those even if that party previously waived a breach or default of all or part of the same or other provision or delayed or omitted to exercise its rights.
  5. A waiver is only effective if it is signed by the party granting the waiver and only to the extent set out in the waiver.

Last updated: August 2019

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