WEBSITE TERMS AND CONDITIONS OF USE

1. About the Website

Welcome to Tracer Law (Website). The Website is operated by Tracer Law Pty Ltd (ACN 684 953 400). Access to and use of the Website, or any of its associated Products or Services, is provided by Tracer Law Pty Ltd. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

Tracer Law Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Tracer Law Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Tracer Law Pty Ltd in the user interface.

3. Copyright and Intellectual Property

The Website, the Services and all of the related products of Tracer Law Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Tracer Law Pty Ltd or its contributors.

All trademarks, service marks and trade names are owned, registered and/or licensed by Tracer Law Pty Ltd.

Tracer Law Pty Ltd retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

i. business name, trading name, domain name, trade mark, industrial design,  patent, registered design or copyright, or
ii. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
iii. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).

You may not, without the prior written permission of Tracer Law Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms.

4. Privacy

Tracer Law Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Tracer Law Pty Ltd ’s Privacy Policy, which is available on the Website.

To enable us to monitor our web site’s performance, we may track your Internet Provider address and your session time. We cannot use this information to identify you. You may remain anonymous whilst accessing our web site.

We may from time to time place a “cookie” or trail indicator in the browser files of your computer. The “cookie” does not contain any personal information.

You are not required to provide personal information to us, but in some circumstances we might not be able to provide you with our products and services without your personal information. Depending on how you interact with Tracer Law Pty Ltd (eg online, offline) and for what products and services, we may collect the following types of personal information from or about you, as set out below:

Contact and identification information

Including details such as name, address, phone number, email address, business and company numbers.

Device information and IP Address

When you visit our website, we may receive data about the computer system or device you are using and/or analytical data, such as your Internet Protocol (IP) address operating system type, web browser type and version and, if you access our websites using a mobile device such as a smartphone, where permitted the information collected will also include the unique device identifier, advertising identifier, geo-location and other similar mobile device data

Information volunteered

Any other information you choose to provide us or is relevant or necessary to enable us to provide you with our services, and/or to support your purchase of any of our products or services

Why do we collect and use personal information?

We collect, hold, use and disclose your personal information for the following primary reasons:

• to provide our products and services to you
• to process your transactions
• to communicate with you about our products and services
• marketing and promotional activities (with your consent (where required) or legitimate interest)
• to comply with legal and regulatory obligations
• for internal business operations purposes

Cookies and tracking technologies

Cookies We use cookies on our website to:

• provide you with a better website experience
• to better understand your behaviours and habits
• display relevant advertisements or content on our network and third party networks and websites

We use remarketing tools such as Google Ad Words to personalise your marketing and content experience. When you visit our website or related landing pages to read, browse, submit or download information, our system will record/log information such as your IP address, date and time of your visit to our site, the pages viewed, and any information downloaded.

We automatically collect non-personal information about you such as the site from which you linked to our website. We also collect your personal information through the use of cookies.

You can configure your browser to refuse cookies or delete existing cookies from your hard drive. Rejecting cookies will limit your website experience.

Web beacons

The use of a web beacon allows the website to record the simple actions of the user (such as opening the page that contains the beacon) through a tracking pixel. We use web beacons (and cookies) to analyse site usage, to report and audit advertising and personalise your content. We share data collected from web beacons (and cookies) with third parties to provide you with relevant advertising when browsing third party websites

Job applicants and referees:

When you apply to work at or for Tracer Law, you are asked to provide personal information such as contact details, employment history, proof of work eligibility, licence information applicable to the position/role you are applying for and referees’ contact details.

Personal information collected throughout the job application process will not be shared with any third parties without your consent, outside of the use of service providers acting on Tracer Law Pty Ltd ’s behalf. When you provide references as part of your job application, Tracer Law Pty Ltd may contact those individuals and disclose to them that you have applied to work at Tracer Law Pty Ltd. We may share your personal information with the referees you designate or other third parties, and we can collect from them additional personal information about you for the purpose of completing the background check process. Similarly, if you are a referee we may collect and use your personal information.

5. General Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
Tracer Law Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website and the Services is at your own risk.

Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Tracer Law Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Tracer Law Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

• failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
• the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
• costs incurred as a result of you using the Website, the Services or any of the products of Tracer Law Pty Ltd; and the Services or operation in respect to links which are provided for your convenience.

6. Limitation of liability

Tracer Law Pty Ltd ’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

You expressly understand and agree that Tracer Law Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

7. Competitors

If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Tracer Law Pty Ltd. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Tracer Law Pty Ltd will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

8. Termination of Contract

1. The Terms will continue to apply until terminated by either you or by Tracer Law Pty Ltd as set out below.
2. If you want to terminate the Terms, you may do so by:
   1. providing Tracer Law Pty Ltd with 7 days’ notice of your intention to terminate; and
   2. closing your accounts for all of the services which you use, where Tracer Law Pty Ltd has made this option available to you.
Your notice should be sent, in writing, to Tracer Law Pty Ltd via the ‘Contact Us’ link on our homepage.
3. Tracer Law Pty Ltd may at any time, terminate the Terms with you if:
   1. you have breached any provision of the Terms or intend to breach any provision;
   2. Tracer Law Pty Ltd is required to do so by law;
   3. the provision of the Services to you by Tracer Law Pty Ltd is, in the opinion of Tracer Law Pty Ltd, no longer commercially viable.
4. Subject to local applicable laws, Tracer Law Pty Ltd reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Tracer Law Pty Ltd ’s name or reputation or violates the rights of those of another party.

9. Indemnity

You agree to indemnify Tracer Law Pty Ltd , its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
2. any direct or indirect consequences of you accessing, using or
3. transacting on the Website or attempts to do so; and/or
   any breach of the Terms.

10. Resolution

10.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

10.2. Notice:
A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

10.3. Resolution:
On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
i. Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
ii. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
iii. The mediation will be held in Brisbane, Australia.

10.4. Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

14.5. Termination of Mediation:
If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

11. Venue and Jurisdiction

The Services offered by Tracer Law Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.

12. Governing Law

The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns

13. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.