Terms and Conditions

Preamble

Welcome to the Clearwill website terms and conditions (Website Terms and Conditions). If you use, browse or otherwise access any content, data or information provided by Clearwill, a brand of Alexander ILP Pty Ltd, an incorporated legal practice under the Legal Profession Uniform Law (ABN 92 627 666 899) (referred to as “we”, “our” and “us” in the Terms and Conditions) in relation to clearwill.com.au (Website) you agree to be bound by these Terms and Conditions.

If you do not agree to any of the provisions in these Website Terms and Conditions or our Privacy Policy, you must immediately cease browsing or otherwise accessing any content, data or information on the Website.

We reserve the right to modify or amend these Website Terms and Conditions or any other conditions for using our Website at any time. Continued use of our Website following any notification by way of email or notice published on the Website of any change to these Website Terms and Conditions will indicate your acknowledgment and agreement to be bound with any updated Terms and Conditions. Any revised Website Terms and Conditions will take effect upon notice of any updates. We are not obliged to give advanced notice of any changes to these terms and conditions.

It is your responsibility to check our Terms and Conditions from time to time to ensure that you have read the current and/or updated version of these Website Terms and Conditions. If you have any questions about these Website Terms and Conditions, please contact us at info@clearwill.com.au.

Definitions

Claim means, in relation to a person, a claim, demand, remedy, suit, injury, damage, loss, cost, liability, proceeding, right of action, chose in action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against the person, howsoever arising and whether ascertained or unascertained, or immediate, future or contingent;
Intellectual Property means all present and future rights to industrial and intellectual property including, without limitation, any inventions and improvements, trade mark (whether registered or common law trade marks), design, copyright, moral right, any corresponding property rights under the Law of any jurisdiction and any rights in respect of an invention, discovery, trade secret, secret process, know-how, concept, idea, information, process, data or formula, and techniques;
Law includes any law, statute, regulation, ordinance, authorisation, ruling, judgement and any other order or decree of any Governmental Agency in any jurisdiction;
Clearwill means Alexander Maxwell Pty Ltd (ABN 30 625 942 823) trading as Clearwill and its successor, assigns or authorised representative and otherwise referred to as “we”, “our” and “us”;
National Privacy Principles means those National Privacy Principles incorporated into the Privacy Act by the Privacy (Private Sector Amendments) Act 2000 (Cth);
Privacy Act means the Privacy Act 1988 (Cth) as amended from time to time; and
Website means clearwill.com.au.

Accuracy and use of information

We take all due care and diligence to ensure that the integrity and accuracy of the information on our Website is not comprised. If you are aware or become aware that the information on the Website is not accurate or is compromised in some way, we would appreciate you informing us immediately.

We do not warrant that the use or access to the Website will be uninterrupted or that the Website will be error-free or that defects or mistakes will be immediately corrected. Our Website should not be relied upon as a substitute for making your own inquiries as to the accuracy of the content, or for seeking independent legal or other advice. To the greatest extent permitted by Law, we do not make any express or implied warranties, representations or endorsements whatsoever (including, without limitation, the implied warranties of merchantability or fitness for a particular purpose) with regard to the Website, or will we be liable for any cost or damage arising either directly or indirectly from your use or access to the and/or relying on anything published or not published on our Website.

To the greatest extent permitted by Law, in no event will we, our members, managers, officers, employees, agents, or its assigns be liable for any incidental, consequential or indirect damages (including, but not limited to, damages for loss of life, personal injury, loss of profits, loss of reputation, business interruption, loss of information, and the like) arising out of the use or access, to the Website, or inability to use, access the Website, or any information or lack of information provided on or downloaded from the Website or any claim attributable to errors, omissions or other inaccuracies on the Website.

You acknowledge and agree that by using or accessing our Website, you will not use any software, process or other means to copy or index our content for any commercial purpose, including but not limited to modifying, adapting, or reproducing such content without first obtaining our written permission, and/or do any act or thing to cause our Website to suffer excessive demand to its service infrastructure by your use of our Website or interfere with our Website in any way. We reserve all our rights to prevent any unauthorised use or access to our Website and in so doing, you acknowledge and agree to indemnify and keep us indemnified from any actions, Claims, demands, liabilities, losses, damages, costs (including legal costs on a solicitor-own client basis) and expenses of whatever nature (either actual or contingent) which may be suffered, incurred, sustained, arising out of, or in respect of, or related to preventing such unauthorised use or access to our Website.

Intellectual property

We own the Intellectual Property rights in all content on our Website, except where such content is owned by our licensors, advertisers, businesses, individuals or other associates or related entities. By entering into these Website Terms and Conditions, you acknowledge and agree that we and our related entities retain all Intellectual Property rights in all content on our Website, and you will not do anything to infringe, transfer, or interfere with any of the these Intellectual Property rights and for the avoidance of doubt, we do not license you to use these Intellectual Property rights in any way whatsoever without first obtaining our written permission. You may view the content or print a copy of the content for your use, but where the content includes copyright notice you must retain on all copies such notice. Our Intellectual Property may not be used, including as part of trade marks or as part of domain names, in connection with any product or service or in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission or the applicable trade mark holder.

Privacy

By agreeing to these Website Terms and Conditions, you confirm that you have read and accept our Privacy Policy which taken together creates a legally binding agreement between you and us. If you sign to our newsletter or otherwise supply your email address details, it is assumed that you are willing to receive emails from us and other promotional material. We will not share your personal information with anyone else unless we obtain permission from you. We note that you are under no obligation to provide your email address to us, and you have a right to access and amend such personal information as provided in our Privacy Policy and otherwise in accordance with the Privacy Act and the National Privacy Principles.

General terms

If any provision of these provisions is prohibited, invalid or unenforceable in any jurisdiction, that provision may be severed to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of these Website Terms and Conditions. If we do not act in relation to a particular breach of these Website Terms and Conditions, this shall not be treated as a waiver of our rights to act with respect to subsequent or similar breaches. If we do not exercise or enforce any right or provision under these Website Terms and Conditions, it will not constitute a waiver or such right or provision. Any waiver of any right or provision will only be effective it is made in writing by us.

These Website Terms and Conditions constitute a contract made under and shall be governed by and construed in accordance with the laws of Australia and the State of Victoria. Additionally, these Website Terms and Conditions together with our Privacy Policy constitute the entire agreement between you and us in relation to your use of our Website.

Effective date

These Terms and Conditions were last updated on 24 May 2023.