Terms of Use

Please read these terms of use carefully. They apply to your access to and use of this website. By accessing or using the Website, you agree to be bound by these terms of use. If you do not agree, you must not use the Website.

1. Interpretation

In these terms of use:

• Website means the website at gillisco.au and each of its pages, sub-domains, and associated online services operated by us, including any subscription, event registration, portal, or feedback function;
• we, us and our means GILLIS & CO. PTY LTD ABN 56 699 019 595 trading as GILLIS+Co. and GILLIS+Co. Lawyers & Advisors and, where the context permits, our partners, principals, directors, employees, consultants, contractors and agents;
• you and your means the person accessing or using the Website and, where you access the Website in the course of your employment or engagement, the entity on whose behalf you do so;
• Content means all material made available on or through the Website, including text, publications, articles, alerts, seminar and webinar materials, images, video, audio, data, software, page layout, design elements, trade marks and logos.

Headings are for convenience only and do not affect interpretation. The words “including”, “for example” and similar expressions are not words of limitation.

2. Acceptance and variation of these terms

By accessing or using the Website you accept these terms of use, as amended from time to time.

We may amend these terms of use at any time by publishing the amended terms on the Website. The amended terms take effect from the time they are published. Your continued use of the Website after publication constitutes acceptance of the amended terms. You should review these terms of use each time you use the Website.

These terms of use should be read together with our Privacy Policy and, where we act for you, our Terms of Engagement, which prevail over these terms of use to the extent of any inconsistency in relation to the legal services we provide to you.

3. The Content is not legal advice

The Content is general information only and is not legal advice. You must not rely on the Content as legal advice or as a substitute for legal advice. If you require legal advice, you must obtain advice specific to your circumstances from a qualified legal practitioner.

Access to or use of the Website does not create a solicitor-client relationship between you and us. No solicitor-client relationship arises unless and until we have completed our client and matter engagement procedures (including conflict checking and identity verification) and we have confirmed our engagement in writing.

Information you send to us through the Website (including via any enquiry, subscription or feedback function) is not confidential or privileged unless and until a solicitor-client relationship is established. You should not send us confidential or sensitive information through the Website before we have confirmed our engagement in writing.

The Content is current only as at the date of its first publication and may not reflect subsequent developments in the law. We are under no obligation to update the Content.

The Content addresses the law of New South Wales and the Commonwealth of Australia unless otherwise stated. It does not take account of the laws of any other jurisdiction, and it may not be appropriate for use outside Australia.

Any statement about past results or matters is not a guarantee, prediction or warranty as to the outcome of any other matter.

4. Accuracy and completeness

We take reasonable care in preparing the Content, but we make no warranty or representation that the Content is accurate, current, complete, or fit for any particular purpose.

Some Content may be supplied by third parties. While we believe our sources to be reliable, we do not verify third-party Content and we do not warrant that it is accurate, current or complete.

We do not warrant that the Website will be available uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or other harmful components.

5. Intellectual property

5.1  All intellectual property rights in the Website and the Content, including copyright, are owned by or licensed to us, unless otherwise indicated.

5.2  You may view the Content on-screen, and download and print a reasonable number of copies, for your own personal or internal business use, provided you do not modify the Content and you retain all copyright and other proprietary notices.

5.3  Except as permitted by clause 5.2 or by the Copyright Act 1968 (Cth), you must not reproduce, adapt, publish, distribute, communicate to the public, sell or commercially exploit any Content without our prior written permission. Requests should be sent to enquiry@gillisco.au.

5.4  Where we grant permission, you must attribute the Content to the named author, to us, and to the date of first publication, in the form we specify.

5.5  Our name, logo and other trade marks (whether registered or unregistered) must not be used without our prior written consent.

6. Linking and framing

You may link to the home page of the Website, provided the link does not suggest any sponsorship, endorsement, approval or association that does not exist, and is not placed on a site that we reasonably consider to be offensive, misleading or unlawful.

You may use our name in the text of a link. You must not use our logo or other trade marks in or in connection with a link without our prior written consent.

You must not frame the Website, present it within another site, or represent or imply that any part of the Website belongs to or originates from any person other than us.

You are responsible for keeping your links current. We may withdraw permission to link at any time. If we notify you that we object to the manner in which you link to the Website, you must remove the link immediately.

7. External links

The Website may contain links to sites operated by third parties. Those sites are not under our control.

We are not responsible for the content, currency, availability or privacy practices of any linked site. The inclusion of a link does not imply that we endorse the linked site or its operator, or that any relationship exists between us. You access linked sites at your own risk and subject to their terms.

8. Restrictions on your use of the Website

In using the Website you must not:

• provide us with information that is inaccurate, incomplete or misleading;
• use the Website for any unlawful purpose, or in breach of any applicable law;
• introduce or transmit any virus, malware, spyware, corrupted file or other code intended to damage, interfere with or gain unauthorised access to any hardware, software, network or data;
• attempt to gain unauthorised access to the Website, any server on which it is hosted, or any account, system or network connected to it;
• collect, harvest, scrape or store data about other users of the Website, or use any automated means (including robots, spiders or data-mining tools) to access, monitor or copy the Website or the Content, except with our prior written consent;
• use the Content, or any part of it, to train, fine-tune, or develop any machine learning or artificial intelligence model, except with our prior written consent;
• interfere with, disrupt or place an unreasonable load on the Website or its infrastructure; or
• engage in any other conduct that restricts or inhibits any other person from using or enjoying the Website.

We may suspend or terminate your access to the Website at any time, without notice, where we reasonably consider that you have breached these terms of use or that suspension is necessary to protect the Website, the Content or any person.

9. Availability and changes to the Website

We may, at any time and without notice, vary, modify, suspend or discontinue any part or all of the Website, including any Content or functionality. We are not liable to you or to any other person for doing so.

10. Liability

To the maximum extent permitted by law, we exclude all warranties, representations, guarantees, conditions and terms in relation to the Website and the Content, whether express or implied, and whether arising under statute, at general law, in equity or otherwise.

To the maximum extent permitted by law, we are not liable to you or to any other person for any loss, damage, cost or expense (including direct, indirect, special, incidental or consequential loss, loss of profit, loss of revenue, loss of data, loss of opportunity or loss of reputation) however arising, whether in contract, tort (including negligence), under statute or otherwise, in connection with the Website, the Content, any linked site, or any inability to access the Website.

Nothing in these terms of use excludes, restricts or modifies any guarantee, right, warranty, condition or remedy conferred by the Australian Consumer Law or any other law where to do so would be unlawful or would render any provision void. Where our liability may be limited but not excluded, our liability is limited, at our option, to resupplying the relevant services or paying the cost of having them resupplied.

You indemnify us against any claim, loss, damage, cost or expense (including legal costs on a full indemnity basis) that we suffer or incur arising out of or in connection with your use of the Website, your breach of these terms of use, or your breach of any law or the rights of any person, except to the extent caused by our negligence or wilful misconduct.

Liability limited by a scheme approved under Professional Standards Legislation.

11. Privacy and cookies

We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy, which forms part of these terms of use.

The Website uses cookies and similar technologies to operate the site, remember your preferences and analyse traffic. You may disable cookies through your browser settings, but some functionality may not work correctly if you do. Further detail is set out in our Privacy Policy.

If you subscribe to our publications or events, you consent to receiving those communications from us. You may unsubscribe at any time using the link in any communication or by contacting enquiry@gillisco.au.

12. Security, invoices and fraudulent communications

We do not change our bank account details by email. If you receive an invoice or payment instruction purporting to come from us, or a notice that our banking details have changed, you should verify it by telephoning us on +61 2 7241 3400 using a number obtained independently of the communication, before making any payment.

Genuine communications from us are sent from an @gillisco.au email address. We are not responsible for any loss arising from your reliance on a fraudulent communication purporting to come from us.

If you suspect a communication using our name is fraudulent, please contact us at enquiry@gillisco.au or +61 2 7241 3400. Cyber incidents and online fraud may also be reported to the Australian Cyber Security Centre through ReportCyber.

Email and internet communications are not secure. We are not responsible for the interception, corruption, delay or loss of any communication sent to or from us over the internet.

13. Jurisdiction and general

These terms of use are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales and of the courts competent to hear appeals from them.

The Website is directed to users in Australia. We make no representation that the Website or the Content is appropriate or available for use in any other jurisdiction. If you access the Website from outside Australia, you do so at your own initiative and are responsible for compliance with local law.

If any provision of these terms of use is or becomes invalid, illegal or unenforceable, it is to be read down to the extent necessary, or severed, without affecting the remaining provisions.

Our failure to exercise or enforce any right under these terms of use does not operate as a waiver of that right.

Clauses 3, 5, 10 and 13 survive any termination or suspension of your access to the Website.

14. Contact

Questions about these terms of use may be directed to: