Terms of Use

Provident Lawyers is the trading name of the incorporated legal practice conducted by Provident Enterprises Pty Ltd under the Legal Profession Act 2008 (Western Australia) (“Provident Lawyers”).

Provident Lawyers owns and operates this website. Access to and use of this Website is and the products and services available through this Website (collectively, “Services”) is subject to the following terms, conditions and notices (“Terms of Use”). By using the Services, you are agreeing to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.

Amendments to Terms of Use

We reserve the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon publication on this website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

Website

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

E-mail Disclaimer

E-mails from Provident Lawyers, its directors and employees, including attachments and/or inserts are strictly confidential, may be legally privileged and may contain copyright material of Provident Lawyers or third parties. The contents of e-mails and its attachments must not be copied or restated/published/used anywhere without the writer’s written consent.

If you are not the intended recipient or have received an e-mail in error, you must not disclose or use the information contained in it or attached to it.

Please let the sender know immediately, by return e-mail or by our telephone number, that you are not the intended recipient or that the e-mail has been received in error, and delete the document and any attachments and/or inserts from your system.

Provident Lawyers asserts its copyright in respect to e-mails and any attachments.

If for private communication, Provident Lawyers accepts no responsibility for the contents of e-mails or its attachments.

Provident Lawyers does not represent, warrant and/or guarantee that the integrity any e-mail or any attachments has been maintained nor that such communication are free of errors, virus, interception or interference.

Any attached files are provided, and may only be used, on the basis that the user assumes all responsibility for any loss or damage resulting directly or indirectly from such use.

Provident Lawyers’s liability is limited in any event to either the re-supply of the attached files or the cost of having the attached files re-supplied.

Linked sites

This Website may contain links to other websites (“Linked Sites”), which are not operated by Provident Lawyers. Those links are provided for your convenience only and may not remain current or be maintained. Provident Lawyers has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

We are not responsible for the content or privacy practices associated with Linked Sites, and the Linked Sites should not be construed as an endorsement, approval or recommendation by us or the owners or operators of those Linked Sites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless we expressly state otherwise.

Privacy

Our privacy policy, which sets out how we will use your information, can be found at our Privacy Policy page. By using this Website, you consent to the processing described the privacy policy and warrant that all data provided by you is accurate.

Prohibitions

You must not misuse this Website. You will not:

(1)                commit or encourage a criminal offense;

(2)                transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;

(3)                hack into any aspect of the Service; corrupt data; cause annoyance to other users;

(4)                infringe upon the rights of any other person’s proprietary rights;

(5)                send any unsolicited advertising or promotional material, commonly referred to as “spam”; or

(6)                attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

Breaching this provision would constitute a criminal offense and Provident Lawyers will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.

Intellectual property, software and content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remain the property of Provident Lawyers or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Provident Lawyers and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

We own or are authorised to use the intellectual property, including copyright, in all content of this website. We expressly reserve all intellectual property rights in this website and its contents. Any third party content published by us under licence remains the intellectual property of the relevant licensor. You may not copy or reproduce it without our consent except as permitted by law.

This website may contain the names and trademarks of other entities. We do not authorise you to use these names and trademarks in any way whatsoever, and the inclusion of those names and trademarks does not indicate that the named entities are affiliated with us, or endorse our services or the content of this website in any way.

Disclaimer and liability

Our Website material consists of general content only and is only designed to be a source of general information about us and the service which we can provide.  The information contained in this Website, including articles and posts, is intended to be of a general nature only and should not be construed as legal advice. Whilst we endeavour to be accurate and timely, we give no guarantee, condition or warranty as to accuracy, currency, reliability, fitness and suitability of anything on this Website. You must not rely on the information in this website as legal advice.  You should seek legal advice from a lawyer specific to your circumstances.

This website does not create a solicitor-client relationship between you and Provident Lawyers. If you want legal advice on which you may rely, you must instruct a lawyer to give you specific advice.

Provident Lawyers do not make any representations that:

(1)                this Website, or the server that makes this Website available, is free of software viruses or other malicious program code; or

(2)                the functions contained in any software contained on this Website, or any service provided through this Website, will operate uninterrupted or error-free.

(3)                You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any Linked Sites.

To the fullest extent permitted by law Provident Lawyers hereby expressly excludes all warranties and guarantees, and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

Linking to this website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Provident Lawyers and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Provident Lawyers.

Indemnity

By using this Website, you agree to indemnify, defend and hold harmless Provident Lawyers, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Use.

Variation

Provident Lawyers have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services or any page of this Website.

Invalidity

If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

Applicable Law

This website and its use are governed by the laws of Western Australia.