Wisewould Mahony – Terms and Conditions

1. Introduction

This website located at acu.wisewouldmahony.com.au (Site) is owned and operated by Wisewould Mahony (ABN 26 965 814 421) (Wisewould Mahony, we, us or our). By accessing our Site or providing information to our Site, you agree to be bound by the following terms and conditions (Terms).

2. Modification of these Terms

We reserve the right to amend, modify, add to or delete any of these Terms at anytime, and such modifications shall be effective immediately upon posting of the modified terms on the Site.

3. Additional terms on this Site

3.1 In addition to these Terms important notices have been posted on the Site. Your use of the Site means that you also accept the terms, conditions, notices, disclaimers and policies posted on the Site. We reserve the right to modify these notices at any time.

3.2 The additional terms include, but are not limited to our Privacy Policy.

4. Use of the Site

4.1 You will not use the Site for any purpose that is unlawful or prohibited by these Terms.

4.2 You must not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other user’s enjoyment of the Site. You must not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

4.3 You must not modify, copy, reproduce or distribute in any way any material or products displayed on this Site.

5. Third party content and links

5.1 We are not responsible for any third party content, external websites, networks, advertisements, directories, software, servers, products and services, databases, information systems and the internet as a whole (Third Party Content) which you may access from the Site or which is linked to the Site from time to time.

5.2 We accept no responsibility nor liability for promotions shown or advice given in Third Party Content and cannot be held liable for any loss or damage incurred as a result of reliance on any Third Party Content.

6. Disclaimers

6.1 To the full extent permitted by law, all products and related information displayed on this Site is provided without any warranty as to its accuracy or reliability and we do not accept any liability which may arise from your use or reliance on such information.

6.2 Whilst we will endeavour to maintain ongoing access, access to the Site may be suspended, restricted or terminated at any time. We disclaim all liability to you to the full extent permitted by law should this occur.

7. Request for Student Legal Services

7.1 By providing your contact information on the Site you agree that you are a current student of Australian Catholic University (ACU) requiring legal services from Wisewould Mahony in accordance with these Terms.

7.2 The legal services to be provided pursuant to these Terms (Legal Services) are limited to:

• a) A maximum of 2 appointments of 45 minutes each, during which a lawyer from Wisewould Mahony will provide legal advice with respect to your legal issue provided that:
• (i) the relevant area of law is listed in clause 7.3;
• (ii) the provision of the Legal Services is not in conflict with any duty owed by Wisewould Mahony to a third party; and
• (iii) the provision of the Legal Services is not in conflict with the Service Agreement between Wisewould Mahony and the ACU as amended from time to time.

7.3 Wisewould Mahony will provide Legal Services within the following broad areas of law:

• b) Criminal law;
• c) Debt/debt recovery;
• d) Family law (except contested family law matters);
• e) Freedom of information;
• f) Employment (except any employment involving ACU);
• g) Social Security;
• h) Tenancy Law;
• i) Domestic Violence;
• j) Fines and infringement notices;
• k) Neighbourhood disputes;
• l) Motor vehicle law;
• m) Powers of attorney, guardianship and wills
• n) Victims of crime; and
• o) Credit and consumer law.

7.4 Wisewould Mahony will not accept instructions within the following areas of law:

• a) Residential and commercial conveyancing;
• b) Commercial matters including sale of business and business structuring;
• c) Probate and administration of estates;
• d) Defamation;
• e) Contested family law matters;
• f) WorkCover matters including WorkCover prosecutions;
• g) Intellectual Property;
• h) Immigration;
• i) Taxation;
• j) Financial Services;
• k) Academic and discipline student appeals involving ACU;
• l) Any advice involving ACU, any employee of ACU or, any other ACU student, including: Student versus Student, Student versus Student Body/organisation, Student versus ACU, Student versus an employee of ACU. Such matters are to be dealt in accordance with the Student Complain Management Policy;
• m) Any matter relating to the conduct of the Wisewould Mahony under any agreement between ACU and Wisewould Mahony; and
• n) Any Court work.

7.5 If you require advice with respect to a matter listed in clause 7.3 or you require further assistance following the provision of Legal Services provided under clause 7.2, Wisewould Mahony will enter into a separate retainer with you and you will be liable for the cost of any legal services provided pursuant to that retainer.

8. Indemnity

To the extent permitted by law, you agree to indemnify us against any claim, loss, liability or damage, costs, charges and expenses (including our legal costs on a solicitor/ own client basis) suffered or incurred by us which arise directly or indirectly in relation to your use of the Site or associated services in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth in these Terms.

9. Notice

You agree to promptly inform us of any breach by you of these Terms and of any conduct of any other person which you think may be a breach of these Terms, whether the conduct has ceased, is continuing, or may occur in the future.

10. Termination

We reserve the right, in our sole discretion, to terminate these Terms.

11. General

11.1   These Terms re made in and governed by the laws of Victoria, Australia. Any dispute arising in connection with these Terms shall be subject to the exclusive jurisdiction of the Courts of Victoria, Australia.

11.2   The failure by us to exercise or enforce any right or provision in these Terms shall not operate as a waiver of such a right or provision.

11.3 Should any part of these Terms and disclaimers be held to be void or unlawful, such part is to be read and enforced as if the void or unlawful part had been deleted.

11.4 Unless otherwise specified, this agreement constitutes the entire agreement between the customer and SWF with respect to the Site or the products offered on the Site.

If you have any questions about our Site or the Terms, please contact us at enquiries@wisemah.com.au