Terms of Use

Geraldine Grace (ABN 48 083 317 715) is the trading name of Geraldine Johns-Putra, a Victorian legal practitioner based in Melbourne, Australia.

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These terms of use (Terms) cover the following websites operated by Geraldine Johns-Putra :

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www.geraldinegrace.com.au
www.newearthlawyer.com

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and references to 'this website' or 'my website' in these Terms include both websites.

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PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE

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1.  Who I am and how to contact me

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To contact me, please email geraldine@geraldinegrace.com.au.

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2.  By using this website you accept these Terms

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By using this website, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use this website.

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3.  I may make changes to these Terms

 

I may amend these Terms from time to time. Every time you wish to use this website, please check these Terms to ensure you understand the Terms that apply at that time.

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4.  I may suspend or withdraw this website

 

This website is made available free of charge. I do not guarantee that this website, or any content on it, will always be available, uninterrupted or be error-free. I may suspend or withdraw or restrict the availability of all or any part of this website for business and operational reasons. I will try to give you reasonable notice of any suspension or withdrawal.

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You are also responsible for ensuring that all persons who access this website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

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5.  Eligibility to use this website

 

This website is directed to users who are residing in and using this website within Australia, especially for legal content. I do not represent that content available on or through this website is appropriate for use or available in other locations. If you access this website from outside Australia, you do at your risk and you are responsible for compliance with laws applicable to your accessing the website from your location.

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6.  You must keep your account details safe

 

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of this website's security procedures, you must treat such information as confidential. You must not disclose it to any third party.

 

I have the right to disable any user identification code or password, whether chosen by you or allocated by me, at any time, if in my reasonable opinion you have failed to comply with any of the provisions of these Terms.

 

If you know or suspect that anyone other than you knows your user identification code or password, please promptly notify me.

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7.  How you may use material on this website 

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I am the owner or the licensee of all intellectual property rights in this website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

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You may print off one copy, and may download extracts, of any page(s) from this website for your personal use and you may draw the attention of others to content posted on this website.

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You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

 

My status (and that of any identified contributors) as the author/s of content on this website must always be acknowledged.

 

You must not use any part of the content on this website for commercial purposes without obtaining a licence to do so from me or my licensors.

 

If you print off, copy or download any part of this website in breach of these Terms of use, your right to use this website will cease immediately and you must, at my option, return or destroy any copies of the materials you have made.

 

If I provide social media features such as the ability to share content, you may take such actions as are enabled by such features.

 

You must not delete or alter any copyright, trade mark or other proprietary rights notices from copies of materials from this website.

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8.  Do not rely on information on this website

 

This website is provided on an "as is" and "as available" basis, and I make no representations or warranties, express or implied, regarding the operation or availability of the website.

 

The content on this website is provided for general information and is of general application only. It is not intended nor should it be relied upon as a substitute for legal or other advice. If you require legal assistance, please contact me or consult another lawyer.

 

Although I make reasonable efforts to update the information on this website, I make no representations, warranties or guarantees, whether express or implied, that the content on this website is accurate, complete or up-to-date.

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9.  I am not responsible for websites I link to

 

Where this website contains links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by me of those linked websites or information you may obtain from them. I have no control over the contents of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.

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10.  User-generated content 

 

This website may include information and materials uploaded by other users of this website, including to comment threads. This information and these materials have not been verified or approved by me. The views expressed by other users on this website do not represent my views or values.

 

This website may contain comment threads, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, Interactive Services) that allow users to post, submit, publish, display or transmit to other users or other persons (post) content or materials (collectively, User Contributions) on or through the website.

 

All User Contributions must comply with the content standards set out in paragraph 11 of these Terms.

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Any User Contribution you post to this website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, however by providing any User Contribution on this website, you grant me and my affiliates and service providers, and each of their and my respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

 

I also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to this website constitutes a violation of their intellectual property rights, or of their right to privacy.

 

I have the right to remove any posting you make on this website if, in my opinion, your post does not comply with the content standards in paragraph 11 of these Terms.

 

You are solely responsible for securing and backing up your content.

 

You represent and warrant that:

 

• You own or control all rights in and to your User Contributions and have the right to grant the license granted above to me and my affiliates and service providers, and each of their and my respective licensees, successors and assigns.

• All of your User Contributions do and will comply with these Terms.

• You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you (and not I) have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

• I am not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the website.

 

I have the right to remove, refuse to post or take any action with respect to any User Contributions for any or no reason in my sole discretion. If you wish to complain about information and materials uploaded by other users please contact me at geraldine@geraldinegrace.com.au.

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11.  Content standards 

 

The content standards in this paragraph 11 apply to any and all User Contributions and use of social media features. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. In particular, you warrant that your User Contributions will not:

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• Contain any material which is defamatory, obscene, abhorrent, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

• Contain or promote sexual or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

• Infringe any patent, trade mark, trade secret, copyright or other intellectual property or other rights of any other person.

• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and this website’s privacy policy.

• Be likely to deceive any person.

• Promote any illegal activity, or advocate, promote or assist any unlawful act.

• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

• Impersonate any person, or misrepresent your identity or affiliation with any person or organisation, including with me.

• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

• Give the impression that they emanate from or are endorsed by me or any other person or entity, if this is not the case.

 

Whenever you make use of a feature that allows you to upload content to this website, or to make contact with other users of this website, you must comply with the content standards in this paragraph 11.

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You warrant that any such contribution complies with these standards, and you will be liable to me and indemnify me for any breach of that warranty. This means you will be responsible for any loss or damage I suffer as a result of your breach of warranty. I may report any breach of your warranty to the relevant law enforcement authorities and I will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this website will cease immediately.

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12. Limitation of liability

 

‌In no event will I, my affiliates or my licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, this website, any websites linked to it, any content on this website or such other websites or any services or items obtained through this website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

 

Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. I do not exclude or limit in any way my liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by my negligence or the negligence of my employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where my liability cannot be excluded, I limit my liability to the fullest extent permitted by the Australian Consumer Law.

 

You agree to defend, indemnify and hold me, my affiliates, licensors and service providers, and each of my respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable lawyers’ fees) arising out of or relating to your violation of these Terms or your use of this website, including, but not limited to , your User Contributions, your use of any information obtained from this website and any use of this website’s content, services and products other than as expressly authorised in these Terms.

 

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services to you, which will be set out in my terms of engagement.

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13.  I am not responsible for viruses 

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I do not guarantee that this website will be secure or free from bugs or viruses or any other type of malicious code or software.

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You are responsible for configuring your technology to access this website. You should use your own antivirus software.

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14.  Rules about linking to this website

 

You may link to this website’s home page, provided you do so in a way that is fair and legal and does not damage my reputation or take advantage of it. The website in which you are linking must comply in all respects with the content standards set out in paragraph 11.

 

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on my part where none exists.

 

This website must not be framed or mirrored on any other website, nor may you create a link to any part of this website other than the home page.

 

I reserve the right to withdraw linking permission without notice.

 

If you wish to link to or make any use of content on this website other than that set out above, please contact me.

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15.  Australian law applies

These Terms, their subject matter and their formation, are governed by Australian law. You and I both agree that the courts in Australia will have exclusive jurisdiction.

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16.  My trade marks 

 

The 'Geraldine Grace' logo and 'New Earth Lawyer' logo and all related names, logos, product and service names, designs and slogans are my trade marks. You must not use such marks without my prior written permission unless they are part of material you are using as permitted under paragraph 7. Other names, logos, product and service names, designs and slogans on this website are the trade marks of their respective owners and are used by me under licence.

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17.  Prohibited uses  

 

‌You may use this website only for lawful purposes and in accordance with these Terms. You agree not to use this website:

 

• in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);

• for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;

• to send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in paragraph 11 of these Terms;

• to transmit, or procure the sending of, any advertising or promotional material without my prior and express written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;

• to impersonate or attempt to impersonate me, any of my employees, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or

• to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of this website, or which, as determined by me, may harm me or users of this website or expose me or them to liability.

 

Additionally, you agree not to:

 

• use this website in any manner that could disable, overburden, damage, or impair this website or interfere with any other party’s use of this website, including their ability to engage in real time activities through this website;

• use any robot, spider or other automatic device, process or means to access this website for any purpose, including monitoring or copying any of the material on this website;

• use any manual process to monitor or copy any of the material on this website or for any other unauthorised purpose without my prior written consent;

• use any automatic or manual process to reverse engineer or decompile any part of this website;

• use any device, software or routine that interferes with the proper working of this website;

• introduce any viruses, trojan horses, worms, logic bombs, spyware, computer code, file, program or material which is malicious or technologically harmful;

• attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of this website, the server on which this website is stored, or any server, computer or database connected to this website;

• attack this website via a denial-of-service attack or a distributed denial-of-service attack; or

• otherwise attempt to interfere with the proper working of this website.

 

I may report any of the activities above to the relevant law enforcement authorities and I will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this website will cease immediately.

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18.  Other terms and conditions

 

Additional terms and conditions may also apply to specific portions, services or features of this website. All such additional terms and conditions are incorporated by this reference into these Terms.

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