Nicholas O’Donohue & Co. Website Terms and Conditions

Thank you for visiting our website, located at www.nodco.com.au (website). This website is owned and operated by Nodco Pty Ltd trading as Nicholas O’Donohue & Co. (Nodco, we or us).

By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (available at https://www.nodco.com.au/privacy-policy/) (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms.

User Licence

These Terms govern your use of our website and the viewing, printing or downloading of any content featured on our website. These Terms of Use form a binding contractual agreement between you, (the user) of the website and Nodco (us).

You should read the Terms carefully and contact us with any questions before using the website. You can contact us during business hours by phone +61 3 96078100 or by email client.services@nodco.com.au

These Terms may be modified from time to time and you should regularly review them. Your continued use of the website constitutes your agreement to any modified Terms.

1. Website User Licence

• Nodco grants you a non-exclusive, world-wide, non-transferable licence to use the website upon these Terms.
• You may access and use the website (including any incidental copying that occurs as part of that use) in the normal manner. You may also access any links to our Facebook, Twitter, LinkedIn and any other of our social media pages contained on our website provided you abide by our Terms. We reserve the right to terminate your use and access to the website and our social media pages at our complete discretion.
• You must not add any content to the website:
  • unless you hold all necessary rights, licences and consents to do so;
  • to cause you or us to breach any law, regulation, rule, code or other legal obligation;
  • which is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
  • to bring us, or our website, into disrepute; or
  • to infringe the intellectual property or other rights of any person.
• The website contains links to other websites as well as content provided to us by people other than ourselves. We do not endorse, sponsor or approve any such user generated content on the website or any content available on any linked website. You acknowledge that you enter third party websites and use information shown on them at your own risk and Nodco is not responsible for these.
• You acknowledge and agree:
  • Nodco retains complete editorial control over the website and may alter, amend or cease the operation of the website at any time in its sole discretion; and
  • the website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes);
  • you will be legally bound by these Terms;
  • you will not use frames to present to a link;
  • you will not use the name ‘Nicholas O’Donohue & Co.’, any Nodco branding or similar name or branding or any content on the website for any purpose other than for your personal and non-commercial use;
  • you will not gather, extract, reproduce and/or display on any other website or other online service, any material on or from the website;
  • all content on the website is subject to copyright or other intellectual property rights and may not be used except as expressly permitted in these Terms; and
  • we may use your personal information in accordance with our Privacy Policy.
  • Nodco makes no representation or warranty that the material on the website is free from viruses or other defects. We recommend performing a virus check before using any downloaded file.

2. Purpose

• The website’s purpose is to provide you with information about the legal and associated services Nodco provides and advice of a general nature.
• The communication of information from this site does not and should not be taken by you to give rise to a lawyer-client relationship between you and us or any other party.

3. User Obligations

3.1 Compliance

You must comply with these Terms at all times and Nodco has the right to terminate your access to the website if at any time you fail to abide by these Terms.

3.2 No links to Other Websites

You must not link our website to any other website

3.3 Nodco Intellectual Property Rights

You must not alter, delete, deface, hide or otherwise damage or breach any copyright symbol, trademark or other proprietary rights notice on our website.

4. Disclaimer of warranties and limitation of liability

• Nodco shall not be liable by reason of the failure in the performance of obligations under these Terms due to strike, civil commotion, riots, fire, explosion, acts of God, acts of terrorism, governmental action or any other cause which is beyond Nodco’s reasonable control.
• While we take all reasonable care, we do not warrant:

anything about the content of the website, completeness of search results, safety, legality, reliability, ownership, accuracy, completeness, timeliness, quality, physical state or suitability for a particular purpose of any information or material on or accessible through the website; and Nodco excludes all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms. For the avoidance of doubt, any recommendations made on or accessible through the website are nonbinding recommendations only.

• These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, we limit our liability in respect of any claim to the extent provided for under the Competition and Consumer Act 2010 (Cth).
• Whilst we will make every effort to keep the information and other material on our website up-to-date, there may be delays, errors or omissions as a result of the rapid changes which occur in many of the practice areas which are the subject matter of our website.
• The content and information on the website and any publications referred to on the website is general information and provided as a guide only. It is not intended to be legal advice and must not be relied upon. We advise you to seek professional legal advice before acting or relying upon the information on the website, or any of our publications.

5. Recommendations, endorsements and comments

• Nodco has the right to ask users for recommendations, endorsements and comments in relation to the website, any of its content and any of its services by sending their recommendations, endorsements or comments by email to our email address services@nodco.com.au. Nodco reserves the right to exclude any recommendations, endorsements or comments which it considers to be inappropriate for the website. Nodco gives no warranty as to the accuracy or truth of any recommendation, endorsement or comment.
• You warrant that in providing your recommendations, endorsements or comments, you have not breached any laws or regulations or these Terms.
• You agree to accept full responsibility for any recommendations, endorsements or comments you make available on our website and you agree that Nodco will not be liable for any such recommendations, endorsements or comments made available on our website.
• Nodco cannot be taken as having endorsed any recommendations, endorsements or comments made by you, which Nodco makes available on the website.

6. Indemnity

You agree to indemnify, defend and hold Nodco harmless from any and all claims, liability, damages, costs and expenses arising from your use of the website, any content on the website and any information contained in any publications or documents downloaded from the website, or your failure to comply with these Terms or from your violation of any applicable law.

7. Intellectual Property Rights

• Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and Nodco, Nodco owns all intellectual property rights to the website, any content on the website and any information printed or downloaded from our website and together with all rights in the services and any material provided to you as part of the services.
• By posting or adding any content onto the website, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
• You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
• The licence in clause 7.2 will survive any termination of these Terms.
• You represent and warrant to Nodco that you have all necessary rights to grant the licences and consents set out in clauses 7.2 and 7.3.
• The information, text, materials, graphics, logos, button icons, images, video and audio clips, trademarks (whether registered or not) advertisements, layout, arrangement, graphical user interface, look and feel of the website, any content featured on the website, any of the above items which are comprised in any materials provided to you, and also any materials which are downloaded from the website are protected by copyright and other intellectual property laws.
• Nodco also owns the copyright and other intellectual property rights in its social media pages and on Twitter, Facebook, Linkedin and any other website pages whether they are specifically referred to on the website or not.

8. Collection notice

We may collect personal information about you in order to respond to your enquiry or to provide you with a fee estimate or work scope and for purposes otherwise set out in our Privacy Policy at https://www.nodco.com.au/privacy-policy/.

We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our legal services to you.

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us during business hours by phone +61 3 96078100 or by email client.services@nodco.com.au

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

9. Termination

Nodco reserves the right to terminate this contract with you at any time at its sole discretion, if you have breached these Terms in any way.

10. Warranties

10.1 You represent and warrant to Nodco you have the legal capacity to enter into these Terms.

10.2. While Nodco takes reasonable care, the Website is provided by Nodco on an “as is” basis without express or implied warranty of any kind.

11. Liability

11.1 To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

11.2 You accept all risks and responsibility for all loss, damages, costs and other consequences resulting from using the website or the material on or accessible though the website.

12. General

12.1 You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.

12.2 If any provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

12.3 Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.

12.4 This Agreement is governed by the laws of Victoria and each party submits to the jurisdiction of the courts of Victoria.

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