Terms and conditions

1. About the Website

(a) This website diazlawyers.com (Website) is owned by Diaz & Diaz who provides services (Services).

(b) The Website is operated by Diaz & Diaz (ABN 62 267 367 814). Access to and use of the Website, or any of its associated Products or Services, is provided by Diaz & Diaz. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the 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 any of Services, immediately.

(c) Diaz & Diaz reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Diaz & Diaz 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.

(d) The information provided is of a general nature. You the user must use your own care and skill with respect to its use. Before relying on any material on this website you should carefully consider the completeness, relevance, and accuracy of the information.

(e) You should seek professional advice particular to your circumstances and not rely on information on this website.

2. Acceptance of the Terms

You accept the Terms by remaining on the 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 Diaz & Diaz in the user interface.

3. Registration to use the Services

(a) In order to access some information or Services, you may first register for an account through the Website (Account).

(b) 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:

(i) Email address

(ii) Name and Address, mobile number

(c) You warrant that any information you give to Diaz & Diaz in the course of completing the registration process will always be accurate, correct and up to date.

(d) 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.

(e) You may not use the Services and may not accept the Terms if:

(i) you are not of legal age to form a binding contract with Diaz & Diaz; or

(ii) 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.

4. Your obligations as a Member

(a) As a Member, you agree to comply with the following:

(i) you will use the Services only for purposes that are permitted by:

(A) the Terms; and

(B) 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 Diaz & Diaz 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 Diaz & Diaz providing the Services;

(v) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Diaz & Diaz;

(vi) 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;

(vii) 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 Diaz & Diaz for any illegal or unauthorised use of the Website; and

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

(ix) Diaz & Diaz reserves the right to terminate or not accept your registered user status at any time.

5. Payment

(a) All payments made in the course of your use of the Services are made using payment method stipulated by Diaz & Diaz.

In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by these terms and conditions which are available on our website.

(b) You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services

6. Termination by Diaz & Diaz

(a) Diaz & Diaz may at any time terminate access to the Website or Services without any notice. Diaz & Diaz’s disclaimer of liability continues regardless of termination of access to the Website.

7. Refund Policy

(a) Diaz & Diaz will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of Diaz & Diaz makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (Refund).

(b) Any benefits set out in this Terms and Conditions may apply in addition to consumer's rights under the Australian Consumer Law.

8. Copyright and Intellectual Property

(a) The Website, the Services and all of the related products of Diaz & Diaz are subject to copyright. 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 Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Diaz & Diaz or its contributors.

Where indicated trademarks, service marks and trade names are owned, registered and/or licensed by Diaz & Diaz. Other trademarks on this website may be owned by third parties. All trademarks on this website may not be used or distributed without express written consent of Diaz & Diaz. Diaz & Diaz makes not undertaking or warranties that the materials on this website or links to information do not infringe the intellectual property rights of a third party.

Diaz & Diaz grants you permission to print copies of limited number of information on this website for informational, non-commercial use and store a copy of the material on your computer for the sole purpose of viewing the material. Diaz & Diaz does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Diaz & Diaz.

(b) Diaz & Diaz retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

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

(c) You may not, without the prior written permission of Diaz & Diaz 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 Services or third party Services for any purpose, unless otherwise provided by these Terms.

9. Privacy

Diaz & Diaz takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Diaz & Diaz's Privacy Policy, which is available on the Website.

10. General Disclaimer

(a) Nothing in the 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.

(b) 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 the Terms are excluded; and

(ii) Diaz & Diaz 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.

(c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Diaz & Diaz make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Diaz & Diaz) 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 Services, or any of its Services 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 of Diaz & Diaz; and the Services or operation in respect to links which are provided for your convenience.

(iv) Materials contained in links from this website to other websites. Links provided are for convenience only. Diaz & Diaz is not liable for any material or loss suffered for any linked material or linked website.

(v) Diaz & Diaz is not liable to you or any other party for any loss or damage you may suffer including as result of Diaz & Diaz’s negligence in relation to the use of this website, Services, materials on the website or linked websites.

(vi) Any links to external websites is for assistance or convenience only and not an endorsement of the material on those websites or the organisation or service or products on such websites.

11. Limitation of liability

(a) Diaz & Diaz's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

(b) You expressly understand and agree that Diaz & Diaz, its affiliates, employees, agents, contributors and licensors, contractors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, 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.

(c) Diaz & Diaz does not warrant that this website, material on this website or linked websites are free from computer viruses or defects. Diaz & Diaz is not liable for any loss you may suffer as a result of this.

(d) Diaz & Diaz is not liable for any consequential loss, incidental, special loss including damages for loss of business, reputation, defamation or loss of profits due to your use or access of the website or your inability to use or access the website.

12. Competitors

If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Diaz & Diaz. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Diaz & Diaz will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

13. Information that Diaz & Diaz provides

Diaz & Diaz provides the information on the website in good faith. You accept that any information provided on this website is of a general nature only and does not constitute legal or financial advice. We reserve the right to update the information on the website at any time. You should seek professional legal and financial advice before acting on any material on this website.

14. Termination of Contract

(a) The Terms will continue to apply until terminated by either you or by Diaz & Diaz as set out below.

(b) If you want to terminate the Terms, you may do so by:

(i) providing Diaz & Diaz with 7 days' notice of your intention to terminate; and

(ii) closing your accounts for all of the services which you use, where Diaz & Diaz has made this option available to you.

Your notice should be sent, in writing, to Diaz & Diaz via the 'Contact Us' link on our homepage or by emailing info@diazlawyers.com

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

(ii) Diaz & Diaz is required to do so by law;

(iii) the provision of the Services to you by Diaz & Diaz is, in the opinion of Diaz & Diaz, no longer commercially viable.

(iv) Diaz & Diaz determines it does not want to provide Service or access to you.

(d) Subject to local applicable laws, Diaz & Diaz reserves the right to discontinue or cancel your membership 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 Diaz & Diaz's name or reputation or violates the rights of those of another party.

15. Indemnity

You agree to indemnify Diaz & Diaz, its affiliates, employees, agents, contributors, third party content providers and licensors, contractors 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 your content;

(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

16. Information Transfer

16.1 Diaz & Diaz does not warrant the security of any information you transfer to it. Any information you transfer to us is at your own risk. Diaz & Diaz will use reasonable endeavors to treat any information transmitted to it security.

17. 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.

18. Venue and Jurisdiction

The Services offered by Diaz & Diaz 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 courts of New South Wales, Australia.

19. Governing Law

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.