Website Terms of Use

This website, www.ethikate.com.au and its content (“Website”) is owned by Ethikate ABN 94 695 323 812 (Ethikate®).

Your use of this Website constitutes your agreement to be bound by these terms of use and all other terms, conditions and disclaimers on the Website (“Terms of Use”). By continuing to use this Website, you agree to be bound by the Terms of Use. If you do not agree to the Terms of Use, you must stop using the Website immediately.

These Terms of Use apply to Ethikate’s social media pages and accounts.

Use of website

You must comply with all laws in connection with your use of this Website. You must not:

  • Data mine or conduct automated searches on this Website;
  • Transmit any virus or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information available through this website;
  • Use this Website or any information made available through this Website to send unsolicited emails or other messages without Ethikate’s consent;
  • Use any automatic device or manual process to monitor or copy any part of the Website;
  • Incorporate any of the content on this Website with any other material, including advertising or promotional material;
  • Create links from this Website to any other website on the internet, or frame or mirror this Website; or
  • Tamper with or make unauthorised modifications to this Website or the content of this Website.

Contacting Ethikate,® The $199 Consult and our services generally

Ethikate® offers to first time clients’ a reduced initial consult for a fixed fee of $199 (incl GST). This consult involves a 45 minutes telephone, Skype or a face-to-face meeting in our Melbourne office located at Suite 404, 1 Queens Road, Melbourne, Vic, 3004. Depending on what we discuss during your consultation, we may send you additional information by email including a summary of what we discussed, our recommendations for you and any fees that may apply. However this may not be appropriate or applicable to your circumstances and Ethikate® reserves the right, in its full discretion, not to provide you with further information or services following our initial consultation.

Ethikate® prides itself on providing professional legal advice of the highest professional and ethical standards. If you contact us by any means, to enquire about our services or to book in for a consultation, you will be required to provide us with your personal and/or business details. Depending on the nature of the enquiry, this may include but is not limited to, your name, job title, trading name, ACN/ABN, street and postal address, any relevant other party or parties to your matter, and any other information that we may reasonably require to conduct our enquiries. We do this to ensure that we can identify who you are, check for any potential conflicts of interest in advising you and where applicable, to set you up as a new client and comply with our professional and ethical obligations. If you refuse to provide any of this information and/or we are unable to ascertain who you are, we reserve the right not to provide you with the information you have requested, to reject your offer for a consultation and/or not to take you on as a client.

If you make an offer to engage our services, including the first consult, you will be required to make payment upfront to confirm your consultation and/or the provision of any other services that we may agree to provide. If you do not make payment prior to your scheduled consultation time, Ethikate® reserves the right not to proceed with your consultation. If you do make payment but do not show up, are unavailable via the telephone number or Skype contact that you provide to us, or cancel your consultation less than 1 business day of your scheduled consult time, Ethikate® reserves the right to charge you the full consult fee. If you cannot make your scheduled consult time but would like to reschedule, please contact us on (03) 8548 1800 as soon as possible so that we can make an alternative time.

Ethikate® also requires its clients to act with the same professional integrity and to be aligned with our values in the manner with which you conduct your business and engage with us, our agents, contractors, colleagues and professional or government bodies. If at any time we notice that you are not aligning with our values or otherwise not conducting yourself in a professional and courteous manner, Ethikate® reserves the right, to the full extent permitted at law including in accordance with its professional standards and legal rights and obligations, to refuse to provide you with legal services or to engage with you further. Depending on the nature of our engagement with you, where you are an existing client, we will tell you why we are no longer going to act for you. You can read more about our values on our website under the ‘About Us’ section.

Where Ethikate® agrees to provide you with legal services, where applicable and in accordance with our professional obligations, we will issue you with a Costs Disclosure and Costs Agreement. We will also provide to you a payment form setting out the fees and disbursements payable, and the payment methods available to you. You must sign and return our Costs Agreement and make payment into our legal trust account in a timely manner and before we will commence the work we have agreed to do for you. If you do not provide us with the signed Costs Agreement or make payment for the services, we reserve the right not to provide the legal services to you and, where you do not provide us with clear and timely instructions, you acknowledge and agree that me may withdraw our services and not continue to act for you.

Disclaimer and exclusion of warranties

No warranty: You use this Website at your own risk. To the extent permitted by law, this Website is provided to you on an “as is” and “as available” basis without warranty of any kind (express or implied). To the extent permitted by law, Ethikate® excludes any express or implied warranties under statute or general law in connection with this Website.

Content disclaimer: The information in this web site is for general information only. The information is not intended to be legal advice or otherwise and must not be relied upon as such. You should contact Ethikate® to obtain professional legal advice that is tailored to your specific circumstances and needs, prior to making any legal decisions about your own circumstances.

Whilst reasonable attempts are made to ensure the accuracy of the information on this Website, this is not always possible and information on this Website may not be true, accurate, up-to-date or complete. Ethikate® does not invite reliance upon and does not accept responsibility or liability for information provided within or associated with, this Website.

Ethikate® may vary, add, change or delete any part of the Terms of Use, or the Website, at any time, and for any reason without prior notification to you, and will not be liable in any way for possible consequences of such changes.

Third party information: This Website contains third-party information and links to other websites as a convenience to you. Ethikate® does not control, endorse, check or approve third party information or information on linked websites. A link to another website does not imply any endorsement of that website or its products or services.

No guarantee of uninterrupted or fault-free use: You acknowledge that access to this Website may be interfered with or affected by numerous factors, many of which are outside Ethikate’s control. Your access to this Website may not be continuous, uninterrupted, timely, secure, fault-free or virus-free. You should ensure that your computer software and systems are protected against viruses and any other damage they might sustain as a result of using this Website.

Release

You unconditionally release Ethikate®, its officers, employees, contractors and agents (“Personnel”) from all liabilities, actions, demands, loss, damage, costs and expenses (including legal costs on a full indemnity basis) incurred or suffered by you directly or indirectly in connection with your access to, or use of, this Website.

Indemnity

You are liable for and indemnify Ethikate® and its Personnel against all actions, demands, liabilities, loss, damage, cost or expenses (including legal costs on a full indemnity basis) incurred or suffered by Ethikate® or its Personnel, directly or indirectly in connection with your use of this Website or your breach of these Terms of Use.

Liability for your personnel

You are responsible for the acts and omissions of your Personnel as if they were your own acts or omissions.

Privacy statement

Ethikate® complies Australian Privacy Laws. Ethikate® does not sell or otherwise deal in your personal information to third parties for marketing purposes.

Intellectual property

© 2014-2016. All rights reserved.

Ethikate® owns or is a licensee of all copyright and other intellectual property in this Website and its content (including, without limitation all information, text, graphic, software, advertisements and trade marks on this Website (the “Content”). You must not modify, copy, reproduce, republish or create derivative works, post, transmit or distribute the Content in any way except for your own personal and non-commercial use, information, research or study.

If you are a direct or indirect competitor of Ethikate®, you are not eligible to subscribe to our content or material and you must not subscribe to our newsletter or any of our marketing lists for the purpose of monitoring our activities or otherwise gaining access to our resources and other collateral comprising our intellectual property (“material“). If you have subscribed, you must unsubscribe immediately and deliver up or destroy any of our material. Ethikate® reserves the right to remove you from any of our databases or subscription lists at any time, without notice to you.

Ethikate® is an Australian registered trade mark. All trade marks appearing on this Website are the property of Ethikate® (or their respective owners, as the case may be).