Terms of Use

Litton Legal Pty Ltd (ABN 81 612 077 871) (Litton Legal) owns and operates this website. Access and use of this website, and the services and products available through this website, is subject to the terms in this document (Terms of Use).

In these Terms of Use “we”, “us” and “our” refers to Litton Legal and “you” refers to any individual who uses this website or our services, including but not limited to prospective clients, current clients, job applicants, contractors and purchasers of our contract templates.

By using this website and/or our services, you are agreeing to all of these Terms of Use and acknowledge that these Terms of Use may be updated by us from time to time without notice to you. By continuing to use this website following any updates, you will be deemed to have accepted these Terms of Use as amended.

These Terms of Use apply in addition to any other agreement you have with us, including any costs agreement(s). If you are purchasing one of our contract templates, you must also have regard to the ‘Read Before Purchasing’ section which can be viewed when you select a template.

1 Disclaimer

The content on this website is of a general nature only and is not intended to be relied on as legal advice. We endeavour to ensure that content is up to date but cannot guarantee its accuracy or completeness. The law varies between Australian states, is constantly changing, and can be subject to differing interpretations. You should seek professional legal advice tailored to your individual circumstances.

Use of this website does not create a solicitor-client relationship between you and us. We will not be liable for any loss or damage caused to you as a result of you taking, or refraining from taking, any action in reliance on any information on this website.

The internet is not always a secure medium and communications to and from this website may be intercepted or altered in transit. We are not liable for any breaches of security and you use this website at your own risk. We do not warrant that this website is free from anything which may damage a device which accesses this website.

2 Linked sites

This website may contain links to other websites which are not operated by us (Linked Sites). We have no control over Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of Linked Sites will be subject to the relevant terms of use contained within each such site.

3 Intellectual property

This website contains intellectual property, including trade marks and copyright, owned by us or third parties. Unless permitted by law, you must not copy, reproduce, transmit, display or otherwise distribute any of that intellectual property in whole or in part without our prior written consent.

You are permitted to browse, download and print the content on this website provided it is for your personal use only, is not unlawful and does not prejudice our reputation. We consent to you sharing a link to this website provided such sharing is not unlawful, does not prejudice our reputation and does not suggest there is a commercial relationship between you and us or that we endorse any of your products, services or opinions.

If you would like to use the intellectual property on this website for any other purposes, please contact us and we will consider whether to give our consent to such use.

4 Misuse of this website

You must not misuse this Website. You agree not to, and not to cause or encourage any other person to:

(i) commit a criminal offence;

(ii) 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;

(iii) hack into any aspect of the website;

(iv) corrupt data;

(v) cause annoyance to other users;

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

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

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

Breach of this clause may constitute a criminal offence. We will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

5 Limitation of Liability

To the extent permitted by law (including your rights under the Australian Consumer Law), we will not be liable for any direct or indirect loss, damage or expense, irrespective of how it occurs, which may be suffered due to your use of our website or the information or materials contained on it or as a result of the inaccessibility of our website or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

6 Indemnification

You indemnify and agree to keep indemnified us and our directors, officers, employees, consultants, agents, and affiliates against any loss or damage or costs incurred by us in connection

with your breach of these Terms of Use or of any other legal obligation by you or your use of this website.

7 Waiver

If we do not exercise or enforce any right or provision under these Terms of Use, it will not constitute a waiver of such right or provision. Any waiver of any provision under these Terms of Use will only be effective if it is in writing from us.

8 Severance

If any part of these Terms of Use is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of these Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible, where any clause or part of a 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 as is permitted by law.

9 Governing law

These Terms of Use are governed by and construed in accordance with the laws of Victoria, Australia. Any disputes concerning these Terms of Use are to be resolved by the courts having jurisdiction in Victoria.

10 Privacy Policy

Our privacy policy, which sets out how we use your information, can be found here. By using this website and our services, you are agreeing to our privacy policy.

This document sets out our policies for managing your personal information and is referred to as our privacy policy.

We are also bound by legal obligations of confidentiality and legal professional privilege. We will treat and protect information we receive (including any personal information) in accordance with those obligations.

In this privacy policy, “we” and “us” refers to Litton Legal and “you” refers to any individual about whom we collect personal information, including but not limited to prospective clients, current clients, job applicants and contractors.

1 What is “personal information”?

(a) The Privacy Act 1988 (Cth) currently defines “personal information” as meaning information or an opinion about an identified individual or an individual who is reasonably identifiable:

(i) whether the information or opinion is true or not; and

(ii) whether the information or opinion is recorded in a material form or not.

(b) If information does not disclose your identity or enable your identity to be ascertained, it will in most cases not be classified as “personal information” and will not be subject to this privacy policy.

2 When does this Privacy Policy apply?

By using our website, dealing with our firm or providing your personal information or another person’s personal information to us, you accept this privacy policy and agree to its terms.

3 What information do we collect?

The personal information which we collect and hold about you may include:

(a) Your name, date of birth, address and contact details;

(b) Your financial or billing information (such as billing address, bank account and payment information);

(c) Information about your legal matter, including information about third parties involved in or connected to your matter;

(d) Information relating to your business;

(e) In the case of job applicants, your resume, employment history and qualifications;

We may also collect sensitive information if necessary to carry out our functions or activities and with your consent. Sensitive information includes information about your health, ethnicity and any disabilities.

4 How we collect and store your personal information

(a) We may collect personal information from you when you use our website or interact with us. This may include when:

(i) you input personal information into our website;

(ii) you provide personal information to us verbally over the phone;

(iii) you provide personal information to us via email;

(iv) you provide personal information directly to us in person, whether verbally or in writing; and

(v) personal information is provided to us by a third party.

(b) We also collect cookies from your computer which enable us to tell when you use the website and also to help customise your website experience. As a general rule, however, it is not possible to identify you personally from our use of cookies.

(c) The personal information we collect will be held in electronic and/or paper records. We will take all reasonable steps to ensure that your personal information is stored in a secure environment.

(d) We note that no information transmitted over any medium, including the Internet, is guaranteed to be 100% secure. We will endeavour to protect your personal information as best as possible, but we cannot guarantee the security of any information that you transmit to us or receive from us. The transmission and exchange of information are carried out at your own risk.

(e) We ensure that, wherever possible, our data is stored within Australia. However, we may from time to time engage third parties or use third party services which store your information in overseas locations.

5 Purpose of collection

(a) The purposes for which we usually collect and use personal information depends on the nature of your interaction with us, but may include:

(i) communicating with you, such as responding to your enquiries and requests;

(ii) considering whether we can provide you with legal services;

(iii) providing legal services to you;

(iv) providing legal information to you;

(v) completing a purchase by you of one of our contract templates; and

(vi) communicating legal or firm news and other content;

(b) Incomplete information provided to us may impact our ability to provide services to you. If you have concerns in relation to providing information to us, you should contact us using the ‘Contact’ page on our website.

(c) We may also disclose personal information to our service providers where those third-party services are necessary for us to provide our services to you, including third party data storage and technology providers and barristers. Your personal information may also be exposed from time to time to maintenance and support personnel acting in the normal course of their duties.

(d) Our website may direct you to websites operated by third parties. We are not responsible for the content or practices of such websites.

6 Direct marketing

From time to time we may distribute to our clients general information and newsletters regarding our services. If we believe it may be of interest to you, we may supply you with specific information regarding some of our products and services. We will always provide a simple ‘opt-out’ option with this kind of correspondence. Alternatively, you may update your preferences by contacting our office.

7 Access and correction

You may be permitted to obtain access to personal information we hold about you in certain circumstances. You may also request that we amend information we hold about you. Should you wish to request access or correction of information, please contact us using the ‘Contact’ page on our website.

In some circumstances, access to the information requested or parts thereof may be refused where we are required or entitled not to provide that information.

8 Complaint procedure

If you have a complaint concerning the manner in which we maintain the privacy of your personal information, please contact us using the ‘Contact’ page on our website.

All complaints will be considered by us and we may seek further information from you to clarify your concerns. If we agree that your complaint is well founded, we will, in consultation with you, take appropriate steps to rectify the problem. If you remain dissatisfied with the outcome, you may refer the matter to the Office of the Australian Information Commissioner.

9 Overseas transfer

We will not directly disclose personal information to overseas recipients without your prior consent.

10 GDPR

The European Union General Data Protection Regulation (GDPR) provides additional protection to customers located in the European Union. We do not have an establishment in the European Union and do not target or monitor the behaviour of individuals in the European Union. Accordingly, the GDPR does not apply.

Current as at 2 December 2021