WEBSITE TERMS OF USE

The www.hillhouse.com.au website ("Website") is owned and operated by Hillhouse Legal Partners Pty Ltd ACN 130 888 881 as trustee for Lawprac Unit Trust ("Hillhouse"). Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in:

(known collectively as "Terms of Use").

Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use.
If you do not accept these Terms of Use you must refrain from using this Website.
Since you are bound by these Terms of Use, you should periodically refer to them in this document.

General information – no legal advice

You acknowledge and agree that:

  • this Website has been compiled by Hillhouse on the basis of general information. Changes in circumstances after publication may affect the completeness of general information. It is your responsibility to assess and verify the accuracy, completeness and reliability of the information on this Website, and to seek professional advice in relation to that information; and
  • the information on the Website is not, and is not intended to be, advice and you should not act or refrain to act on the basis of any of the material on this website without first satisfying yourself as to the truth or accuracy of all the information given (including by obtaining independent legal advice).

Changes to the Terms of Use

Hillhouse may change the Terms of Use from time to time by publishing an updated version on this Website. By continuing to use the Website you will be deemed to accept the updated Terms of Use and agree to be bound by them.

Hillhouse's content and Intellectual property

All copyright and other intellectual property rights subsisting in the Website and the material on the Website (including, without limitation, the software, design, text and graphics comprised in the Website and the selection and layout of the Website) are owned by Hillhouse and protected by the laws of Australia and other countries.

You are authorised to view the Website and its contents using your web browser or, where expressly invited to do so, to share certain content on social media. You must not otherwise reproduce, transmit (including broadcast), communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Website, including audio and video excerpts, except as permitted by statute or with the prior written consent of Hillhouse.

Links to Third Party Material

The Website may contain hyperlinks and other pointers to Internet websites operated by third parties from time to time. These linked websites and the content thereof are not under the control of Hillhouse and Hillhouse is not responsible for the contents of any linked website or any hyperlink contained in a linked website. These hyperlinks are included on the Website as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Hillhouse. You access the links to and use any such website entirely at your own risk.

Registration may be required to access

Hillhouse may require you to register your details in order to access some parts of the Website.

Where you register with Hillhouse, you must keep your registration details confidential; you will be responsible for any access to the Website using your registration details, even if the access is by another person.

No unlawful, infringing or offensive activity

You must not post or transmit to or via the Website any information or material or otherwise use the Website for any activity which breaches any laws or regulations, infringes a third party’s rights or privacy or is contrary to any relevant standards or codes, including generally accepted community standards. You must also not permit or enable another person to do any of those things.

No viruses or other interference

You must not transmit to or via the Website any virus or other information or material or otherwise use the Website in a way which:

  • tampers with, hinders the operation of or makes unauthorised modifications to the Website;
  • inhibits any other user from using the Website;
  • defames, harasses, threatens, menaces or offends any person; or
  • contains obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings.

You must also not permit or enable another person to do any of those things.

Hillhouse may suspend or terminate your access

Hillhouse may suspend or terminate your access to all or any part of the Website at any time, if you, in Hillhouse's reasonable opinion, breach these Terms of Use.

Content that you submit to the Website

This section applies if you submit, post, transmit or otherwise make any material available via the Website ("your content").

Where you do so, you grant to Hillhouse, a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable licence to use, reproduce, modify, adapt, publish or communicate to the public your content for the reasonable purposes of conducting Hillhouse's business, and the right to sub-license those rights to others. You also consent to any act or omission that would otherwise infringe any of your rights (including your moral rights) in your content.

You warrant that you have the right to grant the above licence, that our exercise of the licence rights above will not infringe the intellectual property rights of any person, and that the content is not defamatory and does not breach any law.

Hillhouse may monitor or review your content, but Hillhouse is not obliged to do so.

Hillhouse may also alter or remove any of your content at any time, including to ensure the operational integrity of the Website.

Warnings

You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.

No warranties or representations

To the maximum extent permitted by law, Hillhouse does not represent or warrant that the content on the Website is accurate, reliable, suitable, or complete.

In particular, although Hillhouse uses reasonable care and skill in providing the Website, Hillhouse cannot promise that the Website will be continuously available or virus or fault free.

Exclusion and limitation of liability

The Competition and Consumer Act 2010 (Cth) and other legislation in Australia may confer rights and remedies on you in relation to the provision by Hillhouse of goods or services on the Website which cannot be excluded, restricted or modified ("Non-excludable Rights"). Hillhouse does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute to the extent that it is able to do so.

Except as provided for by the Non-excludable Rights:

  • all Content is provided "as is" and without warranties of any kind, either express or implied;
  • Hillhouse expressly disclaims all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose;
  • Hillhouse does not warrant that the functions contained in any content on the Website or your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits content to you are free of viruses or any other harmful components;
  • Hillhouse does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked websites) or any content on the Website in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise;
  • you (and not Hillhouse) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant content on the Website;
  • Under no circumstances (including but not limited to any act or omission on the part of Hillhouse) will Hillhouse be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Website. You expressly acknowledge and agree that Hillhouse may not exert control over users of the Website or other parties or websites referred to on the Website (including but not limited to individuals referred to on the Website as guests and/or experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct;
  • Hillhouse is not liable for any loss or damage to the extent that it is caused by you; and
  • To the maximum extent permitted by law, Hillhouse excludes any liability to you that may otherwise arise as a result from your use of the Website.

If Hillhouse is not entitled by law to exclude liability arising from breach of a statutory duty or other legislation such as the Non‑excludable Rights, then to the extent Hillhouse is permitted to do so Hillhouse limits that liability to resupply of the services, information or links and associated services, as the case may be.

In this Website, any frames, links or other references to other websites, persons or information are produced solely for convenience. Those references are not an endorsement of those parties or their products or services. Hillhouse does not warrant the accuracy or suitability of any information contained in this or any other website.

Your liability to Hillhouse

You are liable to Hillhouse for breach of the Terms of Use or negligence under the principles applied by the courts.

You are not liable to Hillhouse for any loss to the extent that it is caused by Hillhouse.

Users Indemnity to Hillhouse

Hillhouse relies on your continued observance of these Terms of Use. If Hillhouse suffers any loss or damage (whether direct or indirect) or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then you agree to indemnify Hillhouse for those losses, damages and costs.

Inconsistent terms

If there is an inconsistency between these Terms of Use and any other terms displayed on individual pages of the Website ("other terms"), the other terms will govern to the extent of the inconsistency.

No waiver for breaches

If Hillhouse does not act in relation to a breach of the Terms of Use by you, Hillhouse does not waive any rights to act in relation to that breach or any later breach by you.

Governing law

The Terms of Use are governed by the law in force in the State of Queensland, Australia.

Severability

If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.

Rights Reserved

All rights vesting in Hillhouse which are not expressly granted in these Terms of Use are reserved.