1.About this Website

       1.1. The headings used in the Terms are included for convenience only and will not limit or otherwise affect the Terms.

       1.2. Welcome to www.willdisputelawyersnsw.com.au (the ‘Website’). The Website is owned and operated by Empower Wills and Estate Lawyers Pty Ltd trading as Empower Wills and Estate Lawyers (ABN 73 623 489 574) (hereafter “us”, “we”, or “our”). The Website provides you with an opportunity to browse and interact with information published on the Website and other related services, including but not limited to signing up to our newsletter.

       1.3. Access to and use of the Website is provided by Empower Wills and Estate Lawyers Pty Ltd. Please read these terms and conditions (the ‘Terms’) carefully. These Terms should also be read in unison with our Privacy Policy. By visiting, using, browsing, and/or reading any page of the Website, you signify that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you are not permitted to access or continue to use, the Website.

       1.4. We reserve the right to update, change, or replace all or any part of the Terms at any time, at our sole discretion, by publishing the updated Terms to the Website. Any changes to the Terms take immediate effect from the date of their publication on the Website. Your continued use of the Website after the updated Terms have been published on the Website constitutes acceptance of the updated Terms.

       1.5. We are not responsible for any inaccurate, incomplete, or non-current information on the Website. We reserve the right to, but are not obligated to, modify the content of the Website, or correct any errors, inaccuracies, or omissions on the Website at any time at our sole discretion without prior notice.

    2. Acceptance of the Terms

       2.1. You accept and agree to be bound by the Terms by accessing and remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where we make this option available to you.

    3. Information not Legal Advice

       3.1. All information on the Website has been prepared by Empower Wills and Estate Lawyers Pty Ltd for informational purposes only and does not constitute legal advice and should not be relied upon as legal advice. If you have a question or legal issue, we recommend you contact a lawyer and obtain legal advice that takes into account your specific facts, circumstances, needs and objectives.

       3.2. We accept no liability arising in respect of any person who suffers loss or damage as a direct or indirect consequence of relying on information accessed through the Website, or the links contained therein.

       3.3. The information on the Website should not be considered as establishing, and does not constitute, a solicitor-client relationship.

       3.4. Whilst all care is taken in the publication of the information on the Website, we do not make any representations or give any warranties about its accuracy, reliability, completeness, or suitability for any purpose. To the extent permissible by law, we will not be held liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason.

    4. Case Studies and Client Testimonials

       4.1. This Website may contain case studies, case summaries, and client testimonials. Where the case studies are based on real clients, we will make all efforts to represent the case study scenario as accurately as possible whilst also protecting client confidentiality.

       4.2. You should not act on the information relating to any case study or client testimonial without seeking professional legal advice which has regard to your facts, circumstances, needs and objectives.

    5. Third Party Sites

       5.1. The Website may contain links and hyperlinks to information published by third-party sources (including legislation and case law) (“Third-Party Sites”). The information published on Third-Party Sites should be considered general information only and should not be relied upon by any person for any other purpose. For the avoidance of doubt, the information accessed from Third-Party Sites does not constitute legal advice and should not be relied upon as legal advice. We accept no liability arising in respect of any person who suffers loss or damage as a direct or indirect consequence of relying on information accessed through Third-Party Sites.

       5.2. We cannot control the contents of Third-Party Sites, and make no warranty about the accuracy, timeliness or subject matter of the material published on Third-Party Sites or the goods or services provided by Third-Party Sites.

       5.3. We provide links to Third-Party Sites as references and examples, and the provision of a link does not constitute an approval, endorsement, or sponsorship of the contents or material contained on the Third-Party Sites, nor does it constitute an endorsement of the author, or the organisation itself.

       5.4. We make no warranties or representations that material on Third-Party Sites to which this website is linked does not infringe the intellectual property rights of any person anywhere in the world.

       5.5. The information on Third-Party Sites may be outdated, amended, or in the case of legislation may have since been repealed.

    6. Social Media Sites

       6.1. As part of our business, we maintain a social media presence on various social media sites including but not limited to Facebook, LinkedIn, Instagram, and X.

       6.2. The information published by us on any social media websites (including but not limited to profiles, pages, blogs, and comments section of a site) (hereafter collectively referred to as “our Social Media Sites”) is not intended to constitute legal advice. A person may choose to interact with our Social Media Sites at their own risk, and we accept no responsibility or liability for any loss or damage occasioned arising from the use of or interaction with our Social Media Sites or the reliance on any information or content contained therein, whether published by us or any other person.

       6.3. Any reference or link to a third-party site by us on our Social Media Sites is not an express or implied endorsement or recommendation by us of the information contained on the third-party site and the same terms and conditions apply to third-party links on our Social Media Sites, as if the third-party link was on the Website.

       6.4. We have no control over how members of the public interact with our Social Media Sites. You should not rely on any comment, opinion, advice, image, document, link, or information whatsoever posted on our Social Media Sites by a member of the public for any purpose, and we accept no responsibility or liability for any loss or damage whatsoever arising from the reliance on any comment, opinion, advice, image, document, link, or information whatsoever posted on our Social Media Sites.

       6.5. We have no control over the ways various social media platforms collect, use, disclose, or store your personal information, and we do not accept any responsibility for the treatment of any personal information you choose to post on any of our social media pages. 

       6.6. Any private message communication on any of our social media pages does not create and will not constitute a solicitor-client relationship.

       6.7. Any use of profanities or abusive, hateful, threatening, or defamatory content is not permitted on our Social Media Sites. Posts containing any objectionable content may be removed by us, at our sole discretion, the user may be blocked, and we may notify the relevant social media service provider of the violation.

       6.8. Any user comments or posts on our Social Media Sites that resemble legal advice may also be removed or corrected, at our sole discretion, and for the avoidance of doubt, any failure by us to remove a post does not consequently constitute an endorsement or approval of that post.

       6.9. We reserve the right, without limitation, to delete, remove, or not accept any content posted on our Social Media Sites, or block any user, at any time and without notice and without providing a reason for doing so. 

       6.10. All personal information collected through our Social Media Sites will be dealt with in accordance with our Privacy Policy.

7. The Collection of Personal Information

       7.1. In the course of accessing or interacting with the Website, you may be required to provide personal information about yourself, which may include:

              (a) Full name

              (b) Email address

              (c) Telephone number

       7.2. You warrant that any information you give to us will always be accurate, correct and up to date.

       7.3. You may not use the Website and may not accept the Terms if you are a minor (under the age of 18 years of age).

8. Your Obligations

       8.1. By accessing and using the Website you agree to comply with the following, where applicable:

              (a) You will use the Website only for purposes that are permitted by:

                  i. the Terms; and

                  ii. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

              (b) You are prohibited from using the Website for any of the following purposes (“prohibited uses”):

                  i. any illegal and/or unauthorised purpose, either directly or indirectly;

                  ii. to violate any federal, state, or local council laws, rules, or regulations;

                  iii. to abuse, harass, insult, defame, disparage, intimidate, or discriminate any other person or persons; 

                  iv. for any offensive or immoral purpose;

                  v. to upload, deploy, or transmit viruses, or any other destructive or malicious code or malware that may, in any way, affect the functionality or operation of the Website, or any related website(s) or services; 

                  vi. to collect or track the personal information of others including but not limited to the collection of email addresses of users by electronic or other means for the purpose of sending unsolicited email;

                  vii. to spam, phish, spider, crawl, or scrape; 

                  viii. to infringe upon or violate our intellectual property rights or the intellectual property rights of any other person or persons; 

                  ix. to by-pass, circumvent, override any security features of the Website, or any other website(s); or 

                  x. for unauthorised framing of or linking to the Website or any other website(s). 

       8.2. We reserve the right to terminate your use of the Website, or any related website for violating any of the prohibited uses.

       8.3. We reserve the right to remove from the Website without notice any commercial advertisements, affiliate links, and other forms of solicitation.

       8.4. We reserve the right to terminate your use of the Website without notice and to take appropriate legal action against you for any violation or unauthorised use of the Website.

    9. Copyright and Intellectual Property

       9.1. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content‘) are owned or controlled for these purposes, and are reserved by Empower Wills and Estate Lawyers Pty Ltd or its contributors.

       9.2. Empower Wills and Estate Lawyers Pty Ltd retains all rights, title, and interest in and to the Website and all related Content. Nothing you do on or in relation to the Website will transfer to you:

              (a) the business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright of Empower Wills and Estate Lawyers Pty Ltd; or

              (b) the right to use or exploit a business name, trading name, domain name, trademark, or industrial design; or

              (c) a system or process that is the subject of a patent, registered design, or copyright (or an adaptation or modification of such a system or process).

       9.3. You may not, without the prior written permission of Empower Wills and Estate Lawyers Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party or third-party site, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third-party content for any purpose.

    10. Privacy

       10.1. We take your privacy seriously and any information obtained through your use of the Website will be subject to our Privacy Policy, which is available on the Website.

    11. User Comments and Contributions

       11.1. If you send us, or make available to us in any way whatsoever, either privately or publicly, any comments, feedback, reviews, testimonials, photographs, submissions and/or other contributions (collectively ‘your Contributions’) whether on the Website, online, by post, email, social media, or other means, you agree that we may at any time and at our sole discretion, without restriction, copy, publish, distribute, edit, or otherwise use in any medium, your Contributions.

       11.2. We are under no obligation to maintain your Contributions in confidence, to pay compensation for your Contributions, or to respond to your Contributions.

       11.3. We may, but are not obligated to monitor, edit, or remove your Contributions that we determine in our sole discretion are prohibited, offensive, defamatory, obscene, objectionable or in violation of these Terms. We take no responsibility and assume no liability for any submissions posted by you or any third-party.

    12. General Disclaimer

       12.1 You acknowledge that Empower Wills and Estate Lawyers Pty Ltd does not make any terms, guarantees, warranties, representations, or conditions whatsoever regarding the Website other than provided for in these Terms.

       12.2. Nothing in these Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

       12.3. Subject to this clause, and to the extent permitted by law:

              (a) all terms, guarantees, warranties, representations, or conditions which are not expressly stated in these Terms are excluded; and

              (b) Empower Wills and Estate Lawyers Pty Ltd, or its affiliates, directors, officers, employees, agents, contractors, contributors, service providers, third party content providers, sub-contractors, suppliers or licensors, will not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential loss or damage, loss of profit or opportunity, loss of data, replacement costs, or damage to goodwill arising out of or in connection with the Website (including its access or use) or these Terms, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

       12.4. Use of the Website is at your own risk. Everything on the Website is (except as expressly stated by us) provided to you on an “as is” basis, without any representation, warranty, or condition of any kind, express or implied. None of the affiliates, directors, officers, employees, agents, contractors, contributors, service providers, third party content providers, sub-contractors, suppliers, or licensors of Empower Wills and Estate Lawyers Pty Ltd make any express or implied representation or warranty about the information or content on the Website. This includes (but is not restricted to) loss or damage you, or any other person, might suffer as a result of any of the following:

              (a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

              (b) the accuracy, suitability, or currency of any information on the Website or any third-party site;

              (c) costs incurred as a result of you using the Website;

              (d) any personal injury, death, or property damage suffered by you, or any other person, caused by, or arising out of the reliance on the information contained on the Website or our Social Media Sites, pages and blogs, by you, or any other person;

              (e) the operation in respect to links which are provided for your convenience; and

              (f) any defamatory, threatening, offensive, or unlawful conduct of members of the public, third parties, or publication of any materials relating to or constituting such conduct.

    13. Limitation of Liability

       13.1. You expressly understand and agree that Empower Wills and Estate Lawyers Pty Ltd, its affiliates, directors, officers, employees, agents, contractors, contributors, service providers, third party content providers, sub-contractors, suppliers and licensors shall not be liable to you, or any other person, for any injury, loss, claim or damage, including direct, indirect, economic, non-economic, incidental, compensatory, exemplary, punitive, aggravated or consequential damages of any kind, suffered by you, or any other person, caused by, or arising out of or in connection with, your or any other person’s use of the Website.

       13.2. You expressly understand and agree that Empower Wills and Estate Lawyers Pty Ltd, its affiliates, directors, officers, employees, agents, contractors, contributors, service providers, third party content providers, sub-contractors, suppliers and licensors shall not be liable to you, or any other person, for any injury, loss, claim or damage, including direct, indirect, economic, non-economic, incidental, compensatory, exemplary, punitive, aggravated or consequential damages of any kind, suffered by you, or any other person, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

    14. Termination of Contract

       14.1. The Terms will continue to apply unless terminated by us.

       14.2. We may at any time, terminate the Terms with you if:

              (a) you have breached any provision of the Terms or intend to breach any provision;

              (b) we are required to do so by law.

       14.3. Subject to local applicable laws, we reserve the right to discontinue or cancel your access to the Website or membership to our newsletter at any time and may suspend or deny, in our sole discretion, your access to all or any part of the Website or related services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts our name or reputation or violates the rights of another party.

       14.4. In the event the Terms come to an end, all of the legal rights, obligations and liabilities that you and Empower Wills and Estate Lawyers Pty Ltd have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

    15. Indemnity

       15.1. You agree to indemnify, defend, and hold harmless Empower Wills and Estate Lawyers Pty Ltd, its affiliates, directors, officers, employees, agents, contractors, contributors, service providers, third party content providers, sub-contractors, suppliers, and licensors from and against:

              (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss, and damage (including legal fees on a full indemnity basis) incurred, suffered, or arising out of or in connection with any content you post through the Website or on any of our Social Media Sites;

              (b) any direct or indirect consequences of you accessing, using, or transacting on the Website or any of our Social Media Sites, attempts to do so, and any breach by you or your agents of these Terms; and/or

              (c) any breach of these Terms.

    16. Governing Law

       16.1. The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted, and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

    17. Venue and Jurisdiction

       17.1. The Website offered by us is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the tribunal and courts of New South Wales, Australia.

    18. Independent Legal Advice

       18.1. You confirm and declare that the provisions of the Terms are fair and reasonable, and both parties have been afforded an opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

    19. Severance

       19.1. If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.

    20. Contact Us

       20.1. If you wish to speak to us about these Terms, please contact us at [email protected] or at PO Box 57 Dulwich Hill NSW 2203.