Terms and Conditions

The Terms and Conditions of Use (‘Terms’)apply to the provision of services carried out by Fidens Lawyers Pty Ltd (ABN 32 686 312 569) (‘Fidens Lawyers’) including the access and use of www.fidenslawyers.com.au (‘website’). It is the sole responsibility of the client/user to read the Terms carefully. 

Definitions 

For the purposes of these Terms the definitions are as follows: 

 Client means any person or prospective person, company or prospective company who   

 engages or seeks to engage services from Fidens Lawyers. 

 Fees means the consideration paid to Fidens Lawyers for Services in relation to  

 its clients. 

 GST means Goods and Services Tax, as defined in the A New Tax System (Goods and 

 Services Tax) Act 1999 (Cth) (‘the GST Act’).

 Normal working hoursmeans any ordinary business day and does not include public 

 holidays between the hours of 7am and 5pm. 

 Quote means the estimated amount specified in writing and set out in our cost 

 disclosure and/or correspondence with you prior to our engagement. 

 Services means Legal Services in relation to its clients within New South Wales.

Provision of Services 

In the provision of its Services Fidens Lawyers shall: 

i. perform work in a professional manner in accordance with Federal and State laws, and in accordance with these Terms and any reasonable directions given by the Client. 

ii. will maintain all necessary qualifications, practicing certificates and insurances in respect of its Services and as required by law.

iii. use the standard of care, skill and diligence that would reasonably be expected from a prudent and experienced professional and provider of similar services.  

iv. use appropriately skilled and qualified Personnel to provide the Services and in a timely and efficient manner. 

Cost Disclosures and Agreements

Fidens Lawyers shall provide legal services to you consistent with our costs disclosures and agreements pursuant to our obligations under the Legal Profession Uniform Law (NSW). 

Prior to engaging our services you must review our terms carefully and contact our office immediately if you do not understand, or wish to discuss any aspect of the terms of our engagement

Our Website

Our Website provides you with an opportunity to browse and engage our services by way of granting you access to the content we share with you. 

The Website is owned and operated by Fidens Lawyers. Access to ir and use of it, or any of its associated services, is provided by Fidens Lawyers. Please read these terms and conditions carefully. By using, browsing and/or reading our website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the website, or our services immediately. 

Fidens Lawyers reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Fidens Lawyers updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

Acceptance of the Terms

You accept these Terms by remaining on our website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Fidens Lawyers in the user interface. 

Registration to use our Services

In order to access the Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

a. Email address

b. Mailing address

c. Telephone number

You warrant that any information you give to Fidens Lawyers in the course of completing the registration process will always be accurate, correct and up to date. 

Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms.  As a Member you may be granted immediate access to our Services. 

You may not use the Services and may not accept the Terms if: 

a. you are not of legal age to form a binding contract with Fidens Lawyers; 

b. or you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

Your obligations as a Member

As a Member, you agree to comply with the following: You will use the Services only for purposes that are permitted:

i. by these Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions; 

ii. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services; 

iii. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Fidens Lawyers Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware; 

iv. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Fidens Lawyers providing the Services; 

v. you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website; 

vi. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Fidens Lawyers for any illegal or unauthorised use of the Website; and 

vii. you acknowledge and agree that any automated use of the Website or its Services is prohibited.

Copyright and Intellectual Property 

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) (Content) are owned or controlled for these purposes, and are reserved by Fidens Lawyers or its contributors. 

Fidens Lawyers 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, trade mark, industrial design, patent, registered design or copyright of Fidens Lawyers Pty Ltd; or

b. the right to use or exploit a business name, trading name, domain name, trade mark 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).

You may not, without the prior written permission of Fidens Lawyers and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain. 

Privacy

Fidens Lawyers takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Fidens Lawyers’ Privacy Policy, which is available on the Website.

General Disclaimer

You acknowledge that Fidens Lawyers does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Services other than provided for pursuant to these Terms. 

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. 

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

i. All terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and 

ii. Fidens Lawyers will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website, the Services, and any of the products of Fidens Lawyers is at your own risk. Everything on the Website and the Services of Fidens Lawyers are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. 

None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Fidens Lawyers make any express or implied representation or warranty about its Content or Services referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following: 

i. 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; 

ii. the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website); 

iii. costs incurred as a result of you using the Website, the Services or any of the Products; the Content or operation in respect to links which are provided for the User's convenience; 

iv. any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or 

v. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

Limitation of Liability

Our liability is limited by a scheme approved under Professional Standards Legislation.

Termination 

The Terms will continue to apply until terminated by either you or by Fidens Lawyers as set out below. If you want to terminate the Terms, you may do so by:

a. notifying Fidens Lawyers at any time; and

b. closing your accounts for all of the Services which you use, where Fidens Lawyers has made this option available to you.

Your notice should be sent, in writing, to Fidens Lawyers Pty Ltd via the 'Contact Us' link on our homepage. 

Fidens Lawyers may at any time, terminate the Terms with you if:

i. you have breached any provision of the Terms or intend to breach any provision;

ii. Fidens Lawyers is required to do so by law; the partner with whom Fidens Lawyers offered the Services to you has terminated its relationship with Fidens Lawyers or ceased to offer the Services to you;

iii. Fidens Lawyers is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or the provision of the Services to you by Fidens Lawyers is, in the opinion of Fidens Lawyers no longer commercially viable. 

Subject to local applicable laws, Fidens Lawyers reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Fidens Lawyers’ name or reputation or violates the rights of those of another party.

When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Fidens 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.

Indemnity

You agree to indemnify Fidens Lawyers, its affiliates, employees, agents, contributors, third party content providers 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; 

b. any direct or indirect consequences of you accessing, using or transacting on the website or attempts to do so and any breach by you or your agents of these Terms; and/or

c. any breach of the Terms.

Dispute Resolution

Compulsory
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

Notice
A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

Resolution
On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

i. Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

ii. If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the or his or her nominee;

iii. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation; 

iv. The mediation will be held in New South Wales, Australia.

Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

Termination of Mediation
If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

Governing Law

The Services offered by Fidens Lawyers are intended to be used by residents of New South Wales, Australia. The Terms are governed by the laws of New South Wales, Australia, and legal costs and advice in relation to any matter upon which we are instructed to act. 

Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and/or our Services and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of 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.

Severance

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.