DISCLAIMER

The information on this site is copyright to Nyst Lawyers or has been reproduced with the consent of a business partner of Nyst Lawyers.

 

The information appearing on this site is for general information only and does not constitute an offer or an intention to enter into a legally binding contract.

 

The products and services described in this site are only available to approved applicants and are bound by the laws of Australia.

 

All information can be withdrawn or changed without notice. Whilst every care has been taken in producing the information on this site, Nyst Lawyers does not guarantee the accuracy of the information.

 

Subject to any terms implied by law and which cannot be excluded, Nyst Lawyers is not responsible for any loss, damage, cost or expense incurred by you as a result of any error, omission or misrepresentation in relation to this site. Details of our policies regarding the privacy of your personal information (including use of this website, emails and interactive functions) are contained in our Privacy Policy.

 

Your access to the Nyst Lawyers Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (collectively known as the ‘Terms of Use’). Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use. Nyst Lawyers reserves the right to amend the Terms of Use at any time.

 

1. You must use the Website in a responsible manner.

2. You must not:

 

(a) use the Website for any activities or post or transmit via the Website, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
(b) use the Website to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website or the internet;
(c) use the Website to send unsolicited email messages;
(d) in any way tamper, hinder or modify the Website;
(e) knowingly transmit any viruses or other disabling features to the Website or via the Website;
(f) attempt any of the above acts or facilitate or assist another person to do any of the above acts.

 

3. You may view this Website and its contents using your web browser. In visiting the Website, you are able to save an electronic copy of the Website by means of the usual operation of your web browser only.

 

4. You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Website in any way except as expressly provided for by Nyst Lawyers or expressly authorised in writing by Nyst Lawyers.

Restrictions on Use

 

5. You must not use the Website in any manner or for any purpose that is unlawful or in any manner, which violates any right of Nyst Lawyers or an associated entity or which, is prohibited by the Terms of Use.

Advertising, Third Party Content and Links to Third Party Websites

6. The Website contains hyperlinks and other pointers to internet Websites operated by third parties. Nyst Lawyers does not control these linked Websites and is not responsible for the contents of any linked Website or any hyperlink contained in a linked Website. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by Nyst Lawyers of the site or the products or services provided at those sites. You link to any such Website entirely at your own risk.

 

 

7. By entering into the Website, you agree to indemnify Nyst Lawyers from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses rising out of or in any way connected to the use of the Website by you.

 

 

8. The Trade Practices Act (Commonwealth) 1974 and similar state and territory legislation in Australia confers you with rights and remedies relating to the provision of goods or services to you by Nyst Lawyers via the Website which cannot be excluded, restricted or modified (your ‘Statutory Rights’). Nyst Lawyers excludes all conditions and warranties implied by custom, law or statute save for your statutory rights.

 

For your Statutory Rights, in respect of the Website:

(a) All material on the Website is provided to you without warranties of any kind, either express or implied;
(b) Nyst Lawyers expressly disclaims all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose;
(c) Nyst Lawyers does not warrant that the functions contained in any material 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 material to you are free of viruses or any other harmful components; (d) Nyst Lawyers does not warrant or make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise; and

You solely assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant information contained on the Website.

 

9. To the extent permitted by law, including but not limited to any act or omission on the part of Nyst Lawyers, Nyst Lawyers will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website.

 

10. You expressly acknowledge that Nyst Lawyers does not exert control over users of the internet and is not liable for damage suffered by you, either directly or indirectly, as a result of you accessing the Website.

 

11. To the extent permitted by law, Nyst Lawyers' liability for breach of any implied warranty or condition which cannot be excluded by the Terms of Use is limited, at the option of Nyst Lawyers, to one or more of the following:

 

(a) In the case of services supplied or offered by Nyst Lawyers:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.

(b) In the case of goods supplied by or offered by Nyst Lawyers:

(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the costs of replacing the goods or acquiring equivalent goods; (iv) the payment of the costs of having the goods repaired.

 

Miscellaneous

 

12. Nyst Lawyers relies upon your continued observance of the Terms of Use. In the event that Nyst Lawyers suffers loss or damage or incurs any costs associated with any breach of the Terms of Use or any associated legal obligation, you agree to indemnify Nyst Lawyers for those losses, damages and costs.

 

13. The Terms of Use are governed by and construed in accordance with the laws of the State of Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State of Queensland and Courts of Appeal from them for determining any dispute concerning the Terms of Use.

 

14. If any provision of the Terms of Use 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.

 

15. All rights not expressly granted herein are reserved. 16. If Nyst Lawyers does not act in relation to a breach of the Terms of Use by you, this does not waive Nyst Lawyers' rights to act with respect to subsequent or similar breaches of the Terms of Use by you.

 

Termination

 

16. The Terms of Use are effective until terminated by Nyst Lawyers. Nyst Lawyers may terminate the Terms of Use and your access to the Website at any time without notice. In the event of termination, all restrictions imposed on you by the Terms of Use and/or disclaimers and limitations of liability set out in the Terms of Use will survive.

 

Interpretation

 

17. A reference to Nyst Lawyers in the Terms of Use includes a reference to Nyst Lawyers and any entities associated with Nyst Lawyers their respective directors, company officers, employees or agents or related bodies corporate.

 

Changes

 

18. Nyst Lawyers will give notice of any variations of the Terms of Use to users of the Website by posting the revised Terms of Use on the Website. Your continued use of the Website after such notice will constitute acceptance of the variation