Legal

On this page are our Privacy Policy and Terms of Use

Privacy Policy

1. SITE PROVIDER

This site, www.DukesBradsaw.com (“Site”), is provided by Standard Contracts Pty Ltd (ABN 51 682 886 371) (“we”, “us”, “our” and “ours”). Standard Contracts Pty Ltd will shortly be renamed Dukes & Bradshaw StandardContracts.io Pty Ltd, subject to certain regulatory approvals. Such renaming (if it occurs) will not result in a change to our legal entity.

2. OUR COMMITMENT TO YOUR PRIVACY

We respect your privacy and are committed to protecting your personal information in accordance with the Privacy Act 1988 (Cth, Australia) (“Privacy Act”) and the Australian Privacy Principles (“APPs”).

3. PRIVACY POLICY

(a) This Privacy Policy explains how we generally collect, hold, use, manage and disclose certain information, and certain rights in relation to your personal information. In this Privacy Policy, (i) “personal information” has the meaning given in the Privacy Act, (ii) “information” includes personal information, and (iii) “information about you” means “your information” and vice versa, and “personal information about you” means “your personal information" and vice versa.

(b) This Privacy Policy applies to the collection, storage, use, management and disclosure of certain information (including personal information) provided to us, whether via the Site or any other means (such as via email or via interacting with us on social media). This Privacy Policy does not apply to information collected by us via www.StandardContracts.io or accounts associated with that site.

(c) If you are an organisation and you provide us with personal information about individuals related to your organisation (such as employees of your organisation), or you are aware that we have collected personal information about such individuals, you must refer those individuals to this Privacy Policy and you must ensure that you have all necessary authorisation to provide us such personal information and to allow such personal information to be collected by us.

(d) By accessing this Site you agree to this Privacy Policy (as changed from time to time), and you also agree to such other collection, storage, use and disclosure of your personal information as permitted under the Privacy Act.

4. COLLECTING AND USING PERSONAL INFORMATION

(a) We collect and hold a range of personal information in connection with operating out our business, functions and activities, including for the purpose of providing legal service. The types of personal information that we collect and hold about you or an individual will depend upon the nature of our relationship with you or with them (as applicable). Personal information we collect about you may include your name, your employer and/or the organisation you otherwise represent, your job title, your job function, your contact details (such as email address) and areas of relevance or of interest to you.

(b) We generally collect information directly from you, such as when you complete online forms on this Site, send enquiries to us via this Site, via email communications with you, when you subscribe to updates or when you interact with us on social media. We may also collect information from third parties such as your representatives, your employer or the organisation that you otherwise represent. We may also collect information from publicly available sources of information. We may also collect information through cookies and website analytics tools.

(c) The information you provide to us is collected and used for us to operate our business, functions and activities (including the provision of legal services, and other functions and services offered on this Site), to improve the Site, to manage our relationship with you, to comply with our legal obligations, and to keep you informed of information, materials and other things that might be relevant, or of interest, to you.

(d) We may collect and use your personal information for the other purposes as set out in this Privacy Policy and as permitted by the Privacy Act. We may collect and use your personal information as required by law.

5. COOKIES AND WEBSITE ANALYTICS TOOLS

This Site may use cookies. Cookies allow us to collect and store certain information in relation to how visitors use and interact with this Site (and pages within this Site). Information collected via cookies may be used to provide information, materials and other things that may be of relevance, or of interest, to you. You may be able to disable cookies or reject them via your computer settings (e.g., via browser settings), but some functions and features of this Site may not function as intended if cookies are disabled or rejected.

6. DISCLOSURES OF INFORMATION

(a) We may disclose your information to other organisations in connection with providing our services to you or operating our business, functions and activities. We will take reasonable steps to ensure that these organisations are bound by privacy obligations in relation to the protection of your personal information.

(b) We may provide your information to our related bodies corporate.

7. DIRECT MARKETING

(a) We may use your information for the primary purpose of providing you with our services. We may also use your information for other purposes for which you might reasonably expect us to use that information. This includes sending you information and materials about products, services and offers. You authorise us to use any email address or other contact information you provide to us at any time for the foregoing purposes.

(b) You may opt out of receiving material by contacting us. You acknowledge and agree that removal from our distribution list is not immediate and may take several business days. You acknowledge and agree that opting out of receiving marketing material does not prohibit us from sending you essential information about the services we provide to you.

8. STORAGE AND SECURITY

(a) We will use reasonable endeavours to keep your personal information in a secure environment. However, you acknowledge and agree that security cannot be guaranteed.

(b) If there has been a data breach involving personal information, we have certain obligations under the Privacy Act, including certain obligations in relation to notification of affected parties.

(c) If you reasonably believe that there has been unauthorised access to, or disclosure of, your personal information, please contact us at the details below.

9. TRANSFER OF INFORMATION OVERSEAS

We may disclose personal information to external service providers located overseas so that they can provide us services in connection with the services we provide to you, and the operation of our business, functions and activities.

10. ACCURACY AND CORRECTION OF INFORMATION

(a) You have the right to request access to your personal information and request its correction if it is inaccurate, incomplete, out of date or irrelevant. To make such request, you may contact us at the details below. We will respond to all requests for access to or correction of personal information within a reasonable period of time.

(b) In accordance with the Privacy Act, in certain cases we may charge you a fee for access to your personal information or refuse to give you access to your personal information.

11. COMPLAINTS

If you would like to make a complaint about a breach of this Privacy Policy, or a breach of the Privacy Act or the APPs by us, you may contact us at the details below. We will respond to all complaints within a reasonable period of time.

12. CHANGES TO THIS PRIVACY POLICY

We review and update our policies regularly, and we may change this Privacy Policy at any time. Changes to this Privacy Policy will be published on this Site and will be effective upon publication. You should check this Privacy Policy regularly to ensure you are aware of the then-current versions.

13. CONTACT US

You can contact us at contact@DukesBradshaw.com or via Contact us using “Privacy” in the subject line.

Terms of Use

1. SITE PROVIDER

This site, www.DukesBradshaw.com (“Site”) is provided by Standard Contracts Pty Ltd (ABN 51 682 886 371) (“we”, “us”, “our” and “ours”). Standard Contracts Pty Ltd will shortly be renamed Dukes & Bradshaw StandardContracts.io Pty Ltd, subject to certain regulatory approvals. Such renaming (if it occurs) will not result in a change to the legal entity that you contract with in relation to these Terms of Use.

2. TERMS OF USE

(a) These Terms of Use (“Terms”) apply to your access to and use of this Site and the Site Content. These Terms do not apply to www.StandardContracts.io (“StandardContracts.io”). The terms applicable to StandardContracts.io are located on StandardContracts.io.

(b) You must ensure that you have read and understood these Terms. You acknowledge that you have read and understood these Terms and that you agree to these Terms. If you do not agree to these Terms you must not access or use this Site or the Site Content.

(c) At any time (and in our sole and absolute discretion), we may vary these Terms (or any part of these Terms) by publishing such Terms as varied on this Site (including by publishing them on this page). If you access or use this Site after we published such Terms as varied on this Site, you are deemed to have agreed to these Terms as varied. You must regularly check this Site for the then-current Terms.

3. NATURE OF SITE AND SITE CONTENT; OUR RELATIONSHIP

(a) To the maximum extent permitted by Law:

(i) nothing on or accessible through this Site constitutes legal advice;

(ii) you acknowledge and agree that, by merely accessing or using this Site: (1) you are not a client of a law firm; (2) we are not your lawyers or attorneys; (3) we are not providing you legal advice or legal services; and (4) no solicitor-client relationship or attorney-client relationship (or similar) is created, whether between you and us, or us and any other person, or otherwise;

(iii) you acknowledge and agree that this Site and the Site Content: (1) have not been created for you; (2) do not take into account or reflect, without limitation, your needs, goals, objectives or desired outcomes (specific or otherwise); and (3) are not personalised advice to you and you will never treat any Site Content as personalised advice you; and (4) are for general informational purposes only;

(iv) you agree that your access to, and use of, this Site and Site Content is at your sole risk.

(b) You agree you will seek professional advice (including financial advice and legal advice) before using and relying on, and when using and relying on, this Site and Site Content.

4. INTELLECTUAL PROPERTY RIGHTS; PROHIBITED ACTIVITIES

(a) You acknowledge and agree that:

(i) all Intellectual Property Rights in this Site and Site Content are owned solely, exclusively and absolutely by us and/or our licensors; and

(ii) all rights in and to this Site and the Site Content and reserved by us and our licensors, and no right, title, licence or other interest in or to this Site or the Site Content is granted by us or our licensors to you or any third party (whether under or in connection with these Terms or otherwise).

(b) To the maximum extent permitted by Law, despite anything to the contrary in these Terms or otherwise:

(i) you acknowledge and agree that the Prohibited Activities are strictly prohibited;

(ii) you shall not do (or attempt to do), or authorise or assist any person to do (or attempt to do), any of the Prohibited Activities.

5. LIABILITY; DISCLAIMERS

(a) To the maximum extent permitted by Law:

(i) we and our Personnel are not, and will not be, liable (whether in contract, tort (including negligence) or any other common law cause of action or statutory cause of action (or equivalent of any of the foregoing under applicable Law), or other legal theory or otherwise) to you or any other person in connection with this Site or the Site Content (including, without limitation, use of this Site);

(ii) all liability (whether in contract, tort (including negligence) or any other common law cause of action or statutory cause of action (or equivalent of any of the foregoing under applicable Law), or other legal theory or otherwise) of us and our Personnel to you and all other persons (including, without limitation for Loss) arising directly or indirectly from or in connection with this Site and the Site Content (including, without limitation, use of this Site) is excluded.

(b) To the maximum extent permitted by Law:

(i) we do not make, and do not give, any representations, warranties, guarantees or assurances (or similar) of any kind (whether express, implied or otherwise) in relation to this Site or the Site Content, including: (1) in relation to ongoing or uninterrupted access to this Site or the Site Content; (2) that this Site or the Site Content: A. are free from errors or defects; B. current, up-to-date, accurate, reliable, complete or sufficient; C. are fit for, or sufficient for, any particular purpose; D. are secure, or free from Viruses; or E. comply with the laws of the jurisdiction in which you reside, are domiciled, or operate (or similar);

(ii) we exclude and disclaim all implied, statutory and common law (or equivalent under applicable Law) warranties, guarantees, conditions and terms, including in relation to merchantability, fitness for purpose, fitness for a particular purpose, performance, quality, reliability, availability or ability to meet your or any other person’s needs or requirements; and

(iii) this Site and the Site Content are provided “as is” and “as available”.

(c) To the maximum extent permitted by Law, we do not indemnify, and our Personnel do not indemnify, you or any other person under or in connection with these Terms or otherwise.

6. GENERAL

(a) These Terms constitutes the entire agreement and understanding between the parties in relation to the subject matter of these Terms, and supersedes all prior oral and written understandings, representations, discussions and agreements between the parties in relation to that subject matter.

(b) These Terms are governed by, and shall be interpreted in accordance with, the laws in force in Victoria, Australia, without regard to its conflict of law principles. The parties submit to the exclusive jurisdiction of the courts of Victoria, Australia (and courts of appeal from those courts) in relation to all matters arising out of or in connection with these Terms. Submission to those courts having jurisdiction in relation to these Terms is done so on an irrevocable basis. In relation to the courts having jurisdiction in relation to these Terms, the parties irrevocably waive any objection to venue or inconvenient forum.

(c) If any provision (or part of any provision) of these Terms is void, unenforceable, invalid or illegal, then that provision (or that relevant part) is to be severed from these Terms without affecting the enforceability, validity or legality of the remaining provisions (and remaining parts of provisions) of these Terms.

(d) Despite anything to the contrary in these Terms (including any provision purporting to supersede this provision), nothing in these Terms limits or excludes any rights, guarantees, warranties, remedies or obligations (or similar) to the extent that they cannot be limited or excluded under applicable Law.

(e) You acknowledge and agree that our Personnel are third party beneficiaries of these Terms, and have the right to rely on and enforce, these Terms.

(f) Nothing in these Terms prevents any party from seeking and obtaining urgent interlocutory relief, a preliminary injunction, a temporary restraining order, interim relief or an interlocutory injunction (or equivalent of any of the foregoing under applicable Law).

7. DEFINITIONS

In these Terms, except where the contrary intention appears:

(a) “Consequential Loss”: (i) means any indirect, special, incidental or consequential Loss, or Loss which is otherwise not a direct, natural or probable consequence of the relevant act or omission; and (ii) includes loss of revenue, loss of profit, loss of business, loss of opportunity, loss of reputation, loss of goodwill and loss of anticipated savings.

(b) “Content” means content, Material and information (and similar).

(d) “Intellectual Property” and “Intellectual Property Rights” means all industrial and intellectual property rights, wherever existing or arising, whether or not registered or registrable, whether existing prior to the commencement of these Terms or coming into existence on or after commencement of these Terms, including copyright, patents, trade marks, design rights, circuit layout rights and know-how, and all Improvements in any of the foregoing.

(e) “Law” means any applicable law and includes common law, equity, statute (including regulations, rules and other subordinate legislation made under statute) or other applicable legislative or regulatory measures in force from time to time in any applicable jurisdiction (including any amendment, modification, replacement, re-enactment or consolidation of them).

(f) “Loss” means any loss, damage, cost or expense (including legal costs). “Loss” includes Consequential Loss.

(g) “Material” includes material, documents and notes.

(h) “Personnel” of a person means directors, officers, employees and other personnel of that person.

(i) “Prohibited Activities” means: (i) to do anything in violation of Law when accessing or using this Site or the Site Content; (ii) to do anything in violation of these Terms; (iii) to do anything obscene, offensive, objectionable, inappropriate, abusive, threatening, menacing, defamatory, invasive of privacy, infringing of any person’s Intellectual Property Rights (whether our Intellectual Property Rights, or a third party’s Intellectual Property Rights, or otherwise), or otherwise injurious to any person (including us and third parties), or harass any person (including us and third parties), when accessing or using this Site or the Site Content; (iv) do anything that brings (or may bring) us or our Site into disrepute or that damages (or may damage) our names or reputation; (v) to commercialise any part of this Site or the Site Content (including, without limitation, rent or sell any part of this Site or the Site Content); (vi) to access or use any part of this Site or the Site Content for any purposes directly or indirectly competitive with us, this Site or StandardContracts.io; (vii) to copy or reproduce any part of this Site or the Site Content; (viii) to create derivative works from any part of this Site or the Site Content; (ix) to circumvent, disable or interfere with (or similar) any technical or usage limitations or restrictions (or similar) or security mechanisms in, this Site or the Site Content, or our other Intellectual Property; (x) to exploit any vulnerabilities in this Site or the Site Content, or our other Intellectual Property; (xi) to access or use any of this Site, the Site Content or our other Intellectual Property for benchmarking; (xii) to access or use this Site or the Site Content to send unsolicited messages; (xiii) to gain unauthorised access to any part of this Site or the Site Content; (xiv) to transmit Viruses to, or using, this Site or the Site Content; (xv) to do any other thing which does (or may) damage or interfere with this Site or the Site Content; (xvi) to share any login details or any other credentials in relation to accessing or using this Site or the Site Content.

(j) “Site Content” means Content on this Site and the Social Media Account Content. A reference to “Site” includes a reference to Site Content.

(k) “Social Media Account Content” means Content on or accessible through the Social Media Accounts.

(l) “Social Media Accounts” means social media accounts (e.g., on LinkedIn) in the name of Dukes & Bradshaw. “Social Media Accounts” does not include social media accounts in the name of “StandardContracts.io”.

(m) “Virus” means any code, file, script, agent or program (or similar) designed to, or intended to: (i) degrade, interfere with, disrupt, disable, harm, impede the normal operation of, or provide unauthorised access to, any system, software, hardware, network or data; (ii) erase, damage, corrupt, encrypt, modify, deny access to or exfiltrate any data or content; or (iii) bypass, degrade, interfere with, circumvent, defeat, or exploit vulnerabilities in, any security. “Viruses” includes, without limitation, any virus, malware, ransomware, spyware, malicious code, trojan horse, worm, software lock, keystroke logger or other malicious or harmful code.