Terms of use

Effective date: 28 June 2021

1. Use of Website

This Website is owned and operated by O’Loughlins Lawyers ABN 97 124 496 407.
In these terms of use, ‘we’, ‘us’ and ‘our’ means O’Loughlins Lawyers ABN 97 124 496 407 and our successors and assigns. ‘You’ and ‘your’ refer to the person or entity accessing or using this Website.
You warrant that you are 18 years of age or older (if you are a natural person), and that you are legally competent and authorised to agree to these terms of use.
By accessing and/or using this Website and related services including the Material, you agree to these terms and conditions, which include our Privacy Policy (available at Privacy or by clicking on the ‘Privacy’ hypertext link at the bottom right hand corner of this Website) (Terms). If there is any inconsistency between these terms and our Privacy Policy, these Terms prevail to the extent of the inconsistency.
You should review these Terms carefully and immediately cease using our Website (and the Material) if you do not agree to these Terms.
We reserve the right to:
- restrict, suspend or terminate your access to this Website, any Content, or any feature of this Website if you breach these Terms; and
- disclose your name and any other personal details to any law enforcement authority or other person for the purpose of legal proceedings, prosecution, or investigation of any breach or alleged breach of these Terms.
In these Terms, the following words have the following meanings:
- Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as applied in South Australia by the Fair Trading Act 1987 (SA);
- Content means everything on this Website including the ‘O'Loughlins Lawyers’ and ‘O’Loughlins on air’ names, all logos, text, graphics, animations, audio, video and software, and the arrangement of any of those elements, and includes the Material;
- Linked Site means a website at a domain other than ‘oloughlinsonair.com.au’ or ‘oloughlins.com.au’ to which a link is provided on this Website;
- Material means all material relating to a legal topic, and includes the Unpaid Material;
- Third Party means a party not related to or affiliated with us; and
- Unpaid Material includes various sources of information (such as blogs, podcasts, videos or newsletters) that are available to access free of charge;
- Website means this website at www.oloughlinsonair.com.au.

2. Disclaimer – No Personal Legal Advice

The Material is intended to provide general information in summary form on legal topics, current at the time of first publication. The Material is not comprehensive.
The Material is not, and is not intended to be, legal advice.
You should not act, or refrain from acting, on the basis of any of the Material without first obtaining advice specific to your own situation.
Use of this Website or receipt of any of the Material is not intended to and does not create any solicitor-client relationship.

3. Access to Information – Unpaid Material

This Website may include Unpaid Material.
If at any point we determine for any reason that we cannot continue to provide access to the Unpaid Material (or any part of it), we may remove access to that Unpaid Material and we will not be responsible for any loss, cost, damage or liability that may arise as a result of us terminating access to that Unpaid Material.

4. Changes to Website and Materials

We may, from time to time and without notice, change or add to the Website (including the Terms) or the information, products or services described in it.
We will not be liable to you or any Third Party for any modification to the Website.
You should monitor any changes to the information contained on this Website.
We do not undertake to keep the Website updated.
We are not liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to-date.

5. Security, Viruses and Interruptions

You acknowledge that the internet is not a secure medium and communications to and from this Website may be intercepted or altered in transit.
We do not warrant that the Website is free from anything which may damage any computer (or data on a computer) which accesses the Website.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Website or a Linked Site.
You must take your own precautions to ensure that whatever you select for your use from our Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
You acknowledge that there may be interruptions to the availability of this Website that are outside of our control. We will take reasonable steps to restore the Website as quickly as possible following any interruption.

6. Third Party Providers

You acknowledge and agree that the Website may use Third Party vendors and hosting partners to provide the software, hardware, service and storage necessary for its operation.
We are not liable for the acts or omissions of any of those Third Parties.

7. Linked Sites

This Website may contain links to Linked Sites. Those links are provided for convenience and may not remain current or be maintained.
Linked Sites may be controlled or produced by Third Parties.
Except as indicated, we do not control, endorse, sponsor or approve any Linked Sites or any content on them, nor do we provide any warranty or take any responsibility for any aspect of those websites or their content.
You must not create or maintain any link from another website to this Website without our written consent.

8. Use of Cookies and Submission of Personal Information

This Website may use ‘cookies’ to collect anonymous traffic data from users who access this Website and to automatically record details about any computer used to access the Website (such as the IP address, domain name and browser type), the date and time of access, and details of the information downloaded. This information may be used by the service provider for the Website and us for internal statistical purposes and to improve this Website and our services.
If you submit personal information to us through our Website (for example, through the ‘Join mailing list’ link or by email via a link on our Website), then you acknowledge that the collection, use and disclosure of that personal information is governed by our Privacy Policy. Our Privacy Policy is available from the link in clause 1 above.

9. Intellectual Property

Unless otherwise indicated, we own or license from Third Parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this Website and in all of the Content made available on this Website.
Your use of this Website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Website or the Content.
However, we do grant you a non-exclusive, non-transferable licence to access the Website and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and/or our Third Party licensors.
You may view, browse and search our Content but must not store, download, print or otherwise copy or retain any of our Content, unless the Website states that the relevant piece of Content is downloadable.
Any reproduction, redistribution, publication, sub-licensing or alteration of this Website or the Content without our prior written permission is prohibited and may result in civil and criminal penalties.

10. Unacceptable Activity

You must not do any act that we would (acting reasonably) deem to be inappropriate, or which is unlawful or is prohibited by any laws applicable to our Website, including but not limited to:
- any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other the legal rights of individuals; or
- uploading files that contain viruses that may cause damage to our property or the property of other individuals.
If we allow you to post any information to our Website, we have the right to take down this information at our sole discretion and without notice.

11. No Spam

Publication of email addresses on this Website does not constitute consent to the receipt of unsolicited commercial electronic messages.

12. No Warranty and Limitation of Liability

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this Website or the Content, including but not limited to warranties or representations that the Content will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Website will be secure.
To the maximum extent permitted by law, we exclude completely all liability to any person for loss or damage of any kind (however caused, including by negligence) arising from or relating in any way to the Content and/or any use of the Website or as a result of the inaccessibility of this Website and/or the fact that any Content contained on it is incorrect, incomplete or not up-to-date.
Where any law implies a warranty into these Terms which cannot lawfully be excluded, then to the maximum extent permitted by law, our liability for breach of the warranty will at our option be limited to the supply of the relevant services again, or the payment of the cost of having them supplied again.

13. Jurisdiction and Governing Law

Except where another jurisdiction is specified, legal content on this Website is based on laws applicable in South Australia.
We do not represent that we are permitted to provide legal advice in any other jurisdiction from which this Website may be viewed.
Your use of the Website and Content, and these Terms, are governed by the law of South Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in South Australia.

14. Changes to Terms of Use

We reserve the right to change these Terms at our discretion and without providing any notice to you.
The most current version may be accessed by clicking on the "Terms" hypertext link at the bottom right corner of the Website.

15. Contact

If you have any queries relating to these Terms, please contact us at contact us