This Site and the Service are owned and operated by MacDonnells Law. The User’s access to and use of the Site and the Service is subject to these Terms & Conditions. Use of the Site and/or Service indicates the User’s acceptance of these Terms & Conditions. The User should read these Terms & Conditions carefully before using the Site or the Service.

1. DEFINITIONS AND INTERPRETATION

1.1 In these Terms & Conditions the following words and phrases shall have the following meanings, unless inconsistent with the context or subject matter:

(a) Confidential Information means any information, whether recorded in writing or otherwise, in respect of the Site, the Service, the Lease, the Intellectual Property and these Terms & Conditions;

(b) Intellectual Property means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trade marks, designs, patents, circuit layouts, software, business and domain names, inventions and other results of intellectual activity related to or connected with MacDonnells Law, the Site and the Service throughout the world including without limitation:

(i) the Lease;

(ii) all names, whether registered or not, related to or connected with the Service or the Site including without limitation the trading name ‘MacDonnells Law’;

(iii) all domain names related to or connected with the Service or the Site;

(iv) all information, material and software related to or connected with the Lease, the Service or the Site;

(v) the information, names, text materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the Lease, the Service or the Site;

(c) Lease means the lease that the User merges through on the Site;

(d) MacDonnells Law means MacDonnells Law ABN 13 315 585 268 or any other related or associated entity;

(e) Service means the online merging service operated by MacDonnells which allows the User to merge the Lease on the Site (and, where applicable, includes the Lease);

(f) Site means the website located at the domain http://macdonnellsleasing.com.au/;

(g) User means any person or entity that uses the Site and/or the Service.

1.2 In these Terms & Conditions, unless inconsistent with the context or subject matter:

(a) a reference to a person includes any other legal entity;

(b) a reference to a legal entity includes a person;

(c) words importing the singular number include the plural number;

(d) words importing the plural number include the singular number;

(e) the masculine gender must be read as also importing the feminine or neuter gender;

(f) a reference to a party includes the party’s heirs, executors, successors and permitted assigns;

(g) headings are for reference purposes only and must not be used in interpretation;

(h) where any word or phrase is given a defined meaning any other part of speech or other grammatical form concerning the word or phrase has a corresponding meaning;

(i) a reference to a statute includes all regulations and subordinate legislation and amendments;

(j) references to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes e-mail and fax;

(k) a reference to a monetary amount is a reference to an Australian currency amount;

(l) an obligation of two or more parties binds them jointly and each of them severally;

(m) an obligation incurred in favour of two or more parties is enforceable by them severally;

(n) references to time are to local time in Queensland;

(o) where time is to be reckoned from a day or event, the day or the day of the event must be excluded;

(p) a reference to a business day means any day on which trading banks are open for business in Queensland;

(q) if any time period specified in these Terms & Conditions expires on a day which is not a business day, the period shall expire at the end of the next business day;

(r) a reference to a month means a calendar month.

2. ACCESS AND LICENCE

2.1 MacDonnells Law grants to the User a non-exclusive, non-assignable licence to use the Site and the Service strictly in accordance with these Terms & Conditions.

2.2 The User acknowledges and agrees with MacDonnells Law that the User will not, as a result of being granted a non-exclusive licence, acquire any rights (including without limitation Intellectual Property) in the Lease, the Site or the Service other than the non-exclusive, non-assignable rights granted in accordance with these Terms & Conditions.

2.3 The Site and the Service is available only to, and may only be used by, individuals who can form legally binding contracts to use the Service. Without limiting the foregoing, this means the User must not use the Service if the User is under 18 years of age or an undischarged bankrupt (or under any type of insolvency, administration or other insolvency event where the User is a company).

2.4 In order to use this Service, the User requires the equipment and connections necessary to access the World Wide Web. Without limitation, the User is responsible for:

(a) the provision of any such connection or access to the World Wide Web;

(b) the payment of any fees associated with such connection or access (such as those charged by an internet service provider or other online service); and

(c) the provision of all equipment necessary for the User to make any such connection to the World Wide Web, including a computer and a modem.

2.5 Where any third party software is used in connection with the Service, the User shall be responsible for obtaining and maintaining such third party software directly from the third party and its use of such software will be governed by the third party’s licence agreement and not by these Terms & Conditions, and the User must comply with the terms of any such licence agreement.

3. REGISTRATION / USER DETAILS

3.1 The User must provide their name, contact details, payment information and details of their lease arrangement to MacDonnells Law in order to use the Service.

3.2 The User must not use false or misleading information in registering for or using the Service and the User must update the User’s details should they have changed from the last time the User used the Service or provided its contact details to MacDonnells Law. MacDonnells Law is not responsible for any loss or damage (including misdirected deliveries or notifications) which may occur because the User have not provided MacDonnells Law with up to date, accurate or complete information.

3.3 The User must notify MacDonnells Law immediately if the User becomes aware of any unauthorised use of the User’s email address or other security breach which MacDonnells Law may consider relevant. MacDonnells Law reserves the right to cancel the User’s access to and use of the Site or the Service if MacDonnells Law believes (in its absolute discretion) that there has been unauthorised use of the User’s email address or other security breach of security or misuse of the Service.

3.4 By providing the User’s email address, the User permits MacDonnells Law to send the User a request to participate in feedback from time to time so that MacDonnells Law can improve the Service.

3.5 MacDonnells Law accepts no liability for any loss or damage incurred if the User receives delayed or late, or does not receive any notifications by MacDonnells Law to the User, for any whatever reason.

3.6 The User’s use of the Site, the Service or the Lease does not create a relationship of any sort between the User and MacDonnells Law, including that of client and agent.

3.7 All payments on the site are processed in a secure environment. We accept payment via Mastercard or Visa. We reserve the right to refuse payment for any reason.

4. SYSTEM INTEGRITY & USER CONDUCT

4.1 The User must not use the Site or the Service to:

(a) impersonate or otherwise misrepresent the User’s identity or affiliation with any other person or entity;

(b) input, upload, post, disclose or transmit any material that is defamatory, obscene, indecent, lewd, pornographic, violent, abusive, insulting, threatening, harassing or misleading or deceptive;

(c) input, upload, post, disclose or transmit any material which is subject to intellectual property rights of MacDonnells Law or any third party or breaches any duty of confidence or contractual obligation owed to MacDonnells Law or any third party;

(d) input, upload, post, disclose or transmit any material that is unlawful or violates any law;

(e) send junk, obscene, indecent, offensive or threatening electronic mail or electronic mail in contravention of the Spam Act 2003 to any person or company;

(f) download and store electronically, reproduce, transmit, display, copy, distribute or use the Site or the Service or any materials contained in either of them;

(g) upload any files that contain viruses, Trojan horses, worms, time bombs, corrupted files or any other similar software or services that may damage the operation of the Site or the Service or another’s computer or property of another;

(h) sub-license, rent, lease, transfer or attempt to assign the rights in the Site or the Service to any other person and any dealing in contravention of this sub-clause shall be ineffective;

(i) falsify or delete any attributions, legends, or other proprietary designations of origin or source of any content of the Site or the Service;

(j) conduct, display, or forward surveys, contests, pyramid schemes, or chain letters;

(k) interfere with or disrupt the Site or the Service or servers or networks connected to the Site or the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site or the Service;

(l) attempt to gain unauthorised access to the Site or the Service or computer systems or networks connected to the Site or the Service through any means;

(m) commit forgery (or attempted forgery), harass any individual, or harm minors in any way;

(n) collect, store, input, upload, post, disclose or transmit personal information or data about others, including, without limitation email addresses; or

(o) breach the Privacy Act 1988 as amended, or the Australian Privacy Principles;

(p) contravene or breach any applicable state, Commonwealth or international law, convention or regulation.

4.2 The User acknowledges and agrees that the User must not:

(a) use the Site, the Service or the Lease for any purpose other than the purpose for which it was designed and intended;

(b) remove or alter the security or use restriction mechanisms implemented in the Site, the Service or the Lease;

(c) attempt to gain unauthorised access to any materials other than those to which the User has given express permission to access or to the computer system on which the Site or the Service are hosted;

(d) commit or permit any act which may interfere with the use of the Site or the Service by any other user;

(e) tamper with, hinder the operation of or make unauthorised modifications to the Site, the Service or the Lease or any part thereof;

(f) damage or modify the Site, the Service or the Lease or any part thereof;

(g) reverse engineer, decompile or disassemble the Site, the Service or the Lease or any part thereof;

(h) copy, republish, frame, download, transmit, rent, lease, loan, sell, distribute, licence or sublicense the Site, the Service or the Lease or any content within the Site, the Service or the Lease or any part thereof; or

(i) modify, alter, adapt, disassemble, reverse engineer, decompile or amend the Site, the Service or the Lease or any content within same in any way.

4.3 The User will not without prior written consent of MacDonnells Law, which shall be given or withheld at MacDonnells Law’s absolute discretion:

(a) affix or otherwise display the User’s name or logo on the content of the Site or the Service in a way that suggests a direct or indirect association with MacDonnells Law and/or any shareholder of MacDonnells Law and/or any content provider to the Site or the Service; or

(b) use another User’s email address or any other details.

4.4 MacDonnells Law reserves the full and exclusive right to remove any offending or inappropriate material from the Site or the Service without notice.

4.5 The User will indemnify MacDonnells Law against any loss, damage or liability arising from or connected to the unauthorised use of the Site or the Service by the User or any breach by the User or of any of the matters set out in this clause.

5. LINKS & ADVERTISING

5.1 This Site and the Service may contain links to third party websites. Those websites are not under the control of MacDonnells Law and MacDonnells Law is not responsible for the content of the links contained in those websites or any webcasting or other transmission received from any such websites.

5.2 Neither MacDonnells Law nor its employees or agents recommend or endorse the content of any third party websites which may be linked to or from the Site or the Service, or products or services of any third party organisations mentioned or described on this Site or the Service or linked to or from the Site or the Service. The User acknowledges that it enters any third party websites at its own risk.

5.3 The Site or the Service may contain advertisements for third parties’ goods and/or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither MacDonnells Law nor its employees or agents recommend or endorse the goods or services that may be advertised on the Site or the Service, nor do they offer the goods or services for sale or make any other representation whatsoever about them. If the User chooses to order a product or service advertised by a third party on the Site or the Service, it does so at its own risk.

5.4 The User must not link the Site or the Service from any other website or facility not owned or operated by MacDonnells Law.

6. GENERAL MAINTENANCE AND TECHNICAL SUPPORT

The rights granted to the User do not entitle the User to receive from MacDonnells Law any technical support, telephone assistance, or enhancements or updates to the Service or the Lease, however this does not prevent MacDonnells Law from offering such services at its sole discretion and on such terms and conditions as MacDonnells Law requires in its sole discretion.

7. WARRANTIES

7.1 MacDonnells Law does not warrant that:

(a) the Site, the Service or the Lease will provide any function for which it is not specifically designed as described on the Site or any other documentation or correspondence issued or publicised by MacDonnells Law;

(b) the Site, the Service or the Lease will provide any minimum level of performance, return, outcome or results;

(c) the Site or the Service or the Lease will be virus free or free of performance anomalies or be operational without interruption.

7.2 The User warrants to MacDonnells Law that at the time of entering the Site and at all times when using the Service or the Lease, the User was not relying on any representation made by MacDonnells Law and has made its own enquiries and judgements in relation the use of the Service and the Lease.

7.3 Except as expressly provided to the contrary, and to the extent permitted by law, MacDonnells Law makes no representations or warranties of any kind, express or implied as to the operation of the User’s access to or the results of the User’s access to the Site or the Service (including any related or linked websites) or the correctness, accuracy, timeliness, or completeness or reliability of the information, content, materials or products included on the Site or the Service or in the Lease.

8. DISCLAIMER AND ACKNOWLEDGEMENT

The User agree and acknowledges that:

(a) to the extent permitted by law, the Site, the Service and the Lease are provided by MacDonnells Law on an “as is” basis without any express or implied warranty of any kind;

(b) using the Service to merge the Lease is at the risk of the User and the User may incur losses as a result;

(c) the Service or the Lease may not be suitable for all types of people or circumstances;

(d) it should not rely solely on the Service and recommendations provided by MacDonnells Law, if any, as a substitution for the exercise of their own independent judgment in making a decision and, prior to acting Users are advised to contact its professional adviser to discuss their particular circumstances;

(e) any reproduction, circulation or distribution in whole or in part of the Lease or any information provided by the Service, Site or MacDonnells Law to any person without the prior written consent of MacDonnells Law is strictly prohibited;

(f) the Site, the Service and the Lease may contain inaccuracies or typographical errors;

(g) the World Wide Web exists across open public networks that are neither secure nor private. Accordingly, the User acknowledges and accepts the risk that any communication to or from the Site or the Service may be intercepted, used or modified by third parties;

(h) MacDonnells Law may change any of the material on the Site or the Service or in the Lease at any time without notice;

(i) MacDonnells Law makes no commitment to update any material on the Site or the Service or in the Lease;

(j) the User is responsible for assessing the reliability, accuracy, completeness, timeliness, suitability, quality, physical state or for a particular purpose of the Lease or the material on or accessible through the Site or the Service; and

(k) the User accepts all risks and responsibility for all loss, damage, costs and other consequences resulting from the User’s use of the Lease, the Site or the Service or the material on or accessible through the Site or the Service.

9. LIMITATION OF LIABILITY

9.1 Where the law implies into these Terms & Conditions any term, disclaimer, condition or warranty, and those laws avoid or prohibit provisions in a contract excluding or modifying them, then the term, condition or warranty shall be deemed to be included in these Terms & Conditions provided that the liability of MacDonnells Law and its employees and agents for a breach of any such term, condition or warranty, including any economic or consequential loss which the User may sustain shall be limited, at the option of MacDonnells Law, to:

(a) in the case of services, the supply of the services again, or the payment of having the services resupplied; or

(b) in the case of goods, the replacement or repair of the goods, the supply of equivalent goods, or the payment of the costs of replacing or repairing the goods or acquiring equivalent goods.

9.2 The User releases MacDonnells Law and its employees or agents from its liability for any loss or damage including without limitation, losses or damages for loss of profits, business interruption, loss of information, indirect, special, punitive or consequential losses or damages arising out of the use or inability to use the Lease or reliance on the material or information available on or accessible through the Site, the Service or the Lease, even if MacDonnells Law has been advised of the likelihood of such damages and whether or not caused by any negligent act or omission.

9.3 Without limiting clause 9.2, the User releases MacDonnells Law from any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on, the Lease, the Site or the Service, whether or not caused by any negligent act or omission including but not limited to:

(a) loss of use, data or profits on any theory of liability arising out of or in connection with the use of or the inability to use the Lease, the Site or the Service;

(b) the User’s reliance on or use of the Lease, the Site or the Service;

(c) the statements or actions of any employee or agent of MacDonnells Law;

(d) any unauthorised access to or alteration of the User’s transmissions or data;

(e) any information that is sent or received or not sent or received;

(f) any failure to store or loss of data or files or other content;

(g) the User’s fraudulent, negligent or otherwise unlawful behaviour;

(h) information, data or other material provided to MacDonnells Law by the User or on the User’s behalf;

(i) any delay or interruption of the Site or the Service;

(j) any loss incurred as a result of a third party obtaining the User’s details, either with or without the User’s knowledge;

(k) any loss or damages in relation to the supply of services on or in relation to the Service and any advertisement placed on or information made available on the Site or the Service

10. INDEMNITY

The User agrees to indemnify and hold harmless MacDonnells Law, and its employees and agents from and against all losses, damages, expenses and costs (including solicitor client costs on a full indemnity basis) and all third-party claims, liability, losses, damages, expenses and costs arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified in relation to or in connection with the User’s use of the Lease, the Site or the Service or the User’s failure to comply with these Terms & Conditions, or from the User’s violation of any applicable law.

11. THE LEASE

11.1 Without derogating from any other clause in these Terms & Conditions, the User acknowledges and agrees that:

(a) the Lease is a merge-capable template document which is intended to assist a person who wishes to prepare its own lease document itself;

(b) the Lease sets out common terms for common lease circumstances and the User acknowledges that the terms of the Lease may not be appropriate for use in all circumstances;

(c) it is the User’s sole decision and responsibility to determine whether the Lease is suitable for use for the User’s lease circumstances;

(d) the Lease is:

(i) intended for use by a lessor of commercial or retail freehold premises located in Queensland;

(ii) intended for new leases only and are not appropriate for a sub-lease, lease assignment or any non-common lease arrangement;

(iii) once merged, not recommended to be modified other than by a qualified legal professional;

(iv) not suitable for use by a User who is unsure of how to complete the merge process on the Site or who otherwise has any specific queries or concerns regarding their Lease arrangements;

(v) not intended for use if there are any adverse matters affecting the leased premises or lease arrangements;

(vi) should only be used if there are no adverse issues affecting the premises or surrounding areas and there are no encumbrances affecting the property (other than a registered mortgage on common commercial terms);

(e) clause 11.1(d) is not an exhaustive list of the circumstances of when and when not the Lease is appropriate for use by a User. If the User is unsure as to whether the Lease is appropriate for use by the User, the User should obtain prior professional legal advice; and

(f) the User has not obtained or received any legal advice in respect of the Lease from MacDonnells Law.

11.2 The User accepts all responsibility and implications for using the Lease and MacDonnells Law does not warrant or represent that the Lease is suitable for use by the User, irrespective of whether the User’s circumstances meets the criteria set out in clause 11.1.

11.3 The User releases and indemnifies MacDonnells Law and its employees or agents in respect of any loss, claim, expense or liability arising whatsoever relating to or incidental to the use of reliance upon or incorrect completion of the Lease or any errors or omissions.

11.4 The User acknowledges that the law affecting the Lease may change from time to time and that the Lease may not be suitable for future lease arrangements. MacDonnells Law may change the terms of the Lease and any documents on the Site from time to time without giving notice.

11.5 MacDonnells Law grants the User a non-exclusive licence to use the Lease tailored to the User’s circumstances by the User in completing the merging of the Lease for the User’s own lease arrangements and for no other use whatsoever. This licence does not allow the User to, and the User must not, provide or allow the Lease or any part of the Lease or other content from the Site to be used by any other person or entity, other than the parties to the Lease arrangements for the purposes of entering into the Lease.

11.6 The User must not, and must not allow, the Lease or any part thereof to be published, re-produced, licenced or to be dealt with in any manner other than as expressly set out in these Terms & Conditions.

11.7 No refunds of the payment of the fees to merge the Lease will be given, unless MacDonnells Law establishes that a malfunction to the Site prevented the User from accessing the Lease

11.8 Neither MacDonnells Law or any of its employees or agents make any representation or warranty, express or implied, that the use of the Lease will result in a particular outcome and/or give a particular monetary or other return to the User.

11.9 Neither MacDonnells Law or any of its employees or agents accepts any responsibility or liability (except a liability that cannot lawfully be excluded) for any reliance placed on the Lease by any User. The User acknowledges and agrees that it should make its own enquiries and conclusions in relation to the information provided by MacDonnells Law before making any decision, using the Lease or taking any action based on same.

11.10 Subject to any law to the contrary and to the maximum extent permitted by law, MacDonnells Law and its employees and agents disclaim and exclude all liability for any loss, claim, demand, damages, costs and expenses of whatsoever nature (whether or not foreseeable):

(a) suffered or incurred by any User relying or acting on the Lease or any information provided in, or omitted from, the Lease or the Service or any other written or oral opinions, advice or information provided by any of them; or

(b) arising as a result of or in connection with the Lease or any information being inaccurate or incomplete in any way or by reason of any reliance thereon by any person; and whether caused by reason of any negligence, accident, default or however otherwise caused.

12. INTELLECTUAL PROPERTY

12.1 The User acknowledges and agrees that MacDonnells Law owns the Intellectual Property and that no right, title or interest in any of the Intellectual Property is transferred or granted to the User other than the rights granted expressly by these Terms & Conditions.

12.2 The User must not at any time assert any right to or over such Intellectual Property or take, appropriate, or represent any or all such Intellectual Property as its own.

12.3 The User undertakes not to take or permit or omit any action which would or might:

(a) invalidate or put in dispute MacDonnells Law’s title in the Intellectual Property or any part of it;

(b) oppose any application for registration or invalidate any registration of the Intellectual Property or any part of it;

(c) support any application to remove or undo MacDonnells Law’s title in the Intellectual Property or any part of it; or

(d) assist any other person directly or indirectly in any of the above.

12.4 The parties agree that any additional or further or new intellectual property rights created, formulated or discovered during or after the User’s use of or access to the Lease, the Site or the Service will be the sole and exclusive property of MacDonnells Law and the User will promptly sign all documents and do all things necessary to register, vest or transfer any interest or ownership in such additional or further intellectual property rights to MacDonnells Law.

12.5 Without limiting this clause, MacDonnells Law’s logo and name must not be used as part of the User’s business or in connection with the Lease, or any goods or services without the prior written consent of MacDonnells Law which shall be given, given on conditions or withheld at MacDonnells Law’s absolute discretion.

13. CONFIDENTIALITY

13.1 Other than where:

(a) the Confidential Information is in the public domain, except as a consequence of a breach of this clause;

(b) expressly agreed by all parties in writing; or

(c) required by law;
the User must at all times:

(d) treat and keep the Confidential Information confidential;

(e) not use, or allow the use, of the Confidential Information by any third party;

(f) not disclose or allow the disclosure, of the Confidential Information or the fact of the disclosure of the Confidential Information to any third party.

13.2 If requested by MacDonnells Law, the User must immediately return all Confidential Information, and any copies of the Confidential Information, to MacDonnells Law.

13.3 In the event of a breach or threatened breach of the terms of this clause by the User, MacDonnells Law will, as between the parties, be entitled to an injunction restraining the User from committing any breach of this clause without showing or proving actual damage sustained or likely to be sustained by MacDonnells Law.

13.4 This clause shall not merge on the expiry or earlier termination of these Terms & Conditions.

14. PRIVACY

14.1 MacDonnells Law is committed to maintaining the privacy and confidentiality of Users personal information and believes that the responsible use of personal information collected is critical to it’s business objectives and reputation.

14.2 MacDonnells Law has a Privacy Policy which is available on the Site. Such Privacy Policy forms part of these Terms & Conditions and a breach of such Privacy Policy shall constitute a breach of these Terms & Conditions

14.3 In addition to the MacDonnells Law Privacy Policy, the following applies to any information that the User provides to MacDonnells Law:

(a) the User authorises MacDonnells Law to use, store or otherwise process any information and personal information which relates to and/or identifies the User or its consultants, employees, agents, officers and advisers, including, but not limited to, the User’s name, company or business name, email address and postal address (‘the Personal Information’), to the extent reasonably necessary for the provision of the Site, the Service or the Lease by MacDonnells Law or other parties including for gathering statistical and demographic information;

(b) the User must ensure that all Personal Information provided to MacDonnells Law and that all registration details (where applicable) contain the correct name, address, e-mail address and other requested details;

(c) the User agrees to the processing and disclosure of the Personal Information for the purpose of MacDonnells Law providing and administering the Site and the Service; and

(d) MacDonnells Law will not sell, assign, lease or otherwise dispose of any Personal Information to a third party for merely commercial gain.

15. EMPLOYEES AND CONSULTANTS

15.1 The User agrees to assume responsibility for the actions of its consultants, employees, agents, officers and advisers who have access to the Lease , the Service or the Site.

15.2 The User must ensure that its consultants, employees, agents, officers and advisers will be similarly bound by the obligations created under these Terms & Conditions.

16. NON EXCLUSIVITY

MacDonnells Law may undertake or enter into agreements similar to these Terms & Conditions with other parties and the User will not be entitled to make any objection or claim. The User will not commit or permit any act which may interfere with the dealings between MacDonnells Law and any other party under such an agreement.

17. BREACH AND TERMINATION

17.1 If MacDonnells Law reasonably considers that the User is using the Service, the Site or the lease in breach of these Terms & Conditions, MacDonnells Law reserves the right to remove any infringing data, file, content or material from the Site or the Service and MacDonnells Law shall have no liability to the User for any loss of data or other loss whatsoever as a result of not receiving the Service.

17.2 MacDonnells Law reserves the right to deny the User access to, or use of, all or part of the Site or the Service, without prior notice, if the User engages in any conduct that MacDonnells Law believes, in its sole discretion:

(a) violates any term or provision of these Terms & Conditions; or

(b) violates the rights of MacDonnells Law or any third party; or

(c) is otherwise inappropriate for continued access and use of the Site or the Service.

17.3 MacDonnells Law may terminate the User’s right to access to, or use of, all or part of the Site or the Service, immediately on written notice to the User if the User:

(a) commits a material breach of these Terms & Conditions, which is capable of remedy, and the User fails to remedy the breach within a reasonable time of a written notice to do so; or

(b) commits a material breach of these Terms & Conditions which cannot be remedied; or

(c) is repeatedly in breach of these Terms & Conditions; or

(d) fails to pay any fees payable for the access to or use of the Service pursuant to these Terms & Conditions or other written agreement between the parties; or

(e) is the subject of a bankruptcy order, or become insolvent, or makes any arrangement or composition with or assignment for the benefit of the User’s creditors, or if the User go into voluntary (otherwise than for reconstruction or amalgamation) or compulsory liquidation, or a receiver or administrator is appointed over the User’s assets.

17.4 On termination or expiry of these Terms & Conditions the User’s right to use the Service shall cease and the User shall not be permitted to receive any further information or notifications from MacDonnells Law whatsoever.

17.5 Termination of the User’s access to the Site and the Service shall be without prejudice to the rights of the parties accrued before termination. All restrictions imposed on the User and all disclaimers and limitations of liability set out in these Terms & Conditions will survive termination.

17.6 In addition to the rights set out above, these Terms & Conditions may be terminated by written agreement of both parties.

17.7 The rights and remedies of each party contained in this clause are in addition to any other rights and remedies by law or under these Terms & Conditions.

18. GENERAL PROVISIONS

18.1 Publication of electronic addresses on this Site is for the purpose of professional communication only and must not be used to infer consent to the receipt of unsolicited commercial electronic messages.
2.6 MacDonnells Law may from time to time amend, update, or change the Lease, the Service or the Site, including these Terms & Conditions, without prior notice. The User acknowledges and agrees that these Terms & Conditions apply to updates, supplements, add on components, or other internet based services or components of the Service, the Site or the Lease.
2.7 MacDonnells Law reserves the right to discontinue the Service or any other internet based services provided to the User or made available to the User through the use of the Site or the Service at any time.

18.2 These Terms & Conditions constitute the entire agreement between the User and MacDonnells Law with respect to the Lease, the Site and the Service, and the Terms & Conditions replace all prior or contemporaneous understandings or agreements, written or oral, regarding the Lease, the Site and the Service.

18.3 No oral explanation or information provided by a party to another affects the meaning or interpretation of these Terms & Conditions or constitutes any collateral agreement, warranty or understanding.

18.4 If any provision of these Terms & Conditions is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is not enforceable, and the remaining provisions of the Terms & Conditions shall remain in full force and effect.

18.5 The failure by MacDonnells Law to insist upon or enforce strict performance of any of these Terms & Conditions will not be construed as a waiver of any right or remedy of MacDonnells Law in respect of any existing or subsequent breach of these Terms & Conditions.

18.6 No waiver by a party of a provision of these Terms & Conditions is binding unless made in writing.

18.7 The law of Queensland, Australia govern these Terms & Conditions. The User hereby consent and submit to the non-exclusive jurisdiction and venue of the Courts of the State of Queensland and the Commonwealth of Australia for any cause of action relating to or arising under these Terms & Conditions.

18.8 MacDonnells Law operates the Site and the Service in Australia. Information contained on the Site or the Service may not be appropriate or available for use in other locations. If the User accesses the Site or the Service from other locations, the User do so at the User’s own initiative and the User is solely responsible for compliance with local laws.

18.9 Where possible, the obligations of the parties under these Terms & Conditions will indefinitely survive the finalisation or discontinuance of these Terms & Conditions.

18.10 These Terms & Conditions shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.
18.11 The parties must execute and deliver all documents and must do all things as are necessary for the complete performance of their respective obligations under these Terms & Conditions.

18.12 The rights and remedies of a party to these Terms & Conditions are in addition to the rights or remedies conferred on the party at law or in equity.

18.13 The contra proferentem rule and other rules of construction will not apply to disadvantage a party whether that party put the clause forward, was responsible for drafting all or part of it or would otherwise benefit from it.

18.14 Any notice or demand in writing required to be given by MacDonnells Law to the User shall be sufficiently served if:

(a) served personally or by pre-paid mail to the User’s address;

(b) sent in electronic form by email to the User’s email address; or

(c) published by notice on the Site.

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