Terms of use

By using the Aldermane.com.au (we, us, our) website, you agree to be bound by, and abide by, these Terms of Use. We may change these Terms of Use at our discretion and without notice. By continuing to use this website you accept the Terms of Use as they apply from time to time.

1. Intellectual property rights

Unless otherwise indicated, we own the copyright and other intellectual property rights in the content of this website. Please don’t infringe those rights. While you may browse or print the content for your non-commercial, personal or internal business use, you must obtain our prior written permission if you’d like to use, copy or reproduce any part of the website for any other purpose. All trade marks appearing on this website belong to their respective owners.

2. General information and not legal advice

The content on our website is intended only to provide a summary and general overview on matters of interest. It's not intended to be comprehensive, nor to constitute legal advice. You should always obtain legal or other professional advice, appropriate to your own circumstances, before acting or relying on any of that content.

Although we aim to ensure the content on this website is up-to-date, there may be delays, errors or omissions that could affect its currency or accuracy. There may also be historical articles and other content on the website which, though current at the time of writing, no longer reflect the present state of the law or industry practice.

Your use of this website, or the receipt of any information via this website, is not intended to create, nor does it create, a solicitor-client relationship between us.

3. Liability

This website, and all content and services provided or made available through this website, are made available to you on an 'as is' and 'as available' basis.

You acknowledge and agree that to the extent permitted by the law, and subject to section 4 below, we make no representations, warranties or guarantees in relation to the availability, suitability continuity, reliability, accuracy, currency or security of this website. We will not be liable if this website (or any content made available through it) is incomplete, corrupted, inaccurate, outdated or incorrect, or if this website, or any services provided or made available through it, are unavailable for any reason, including directly or indirectly as a result of:

  • telecommunications unavailability, interruption, delay, bottleneck, failure or fault;
  • negligent, malicious or wilful acts or omissions of third parties (including our third party service providers);
  • maintenance or repairs carried out by us or any third party service provider in respect of any of the systems used in connection with the provision of this website;
  • any events beyond our control; or
  • services provided by third parties ceasing or becoming unavailable.

You also acknowledge and agree that to the extent possible under the law, and subject to section 4 below, we do not represent, warrant or guarantee that this website is free from computer viruses or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks.

4. Consumer guarantees

To the extent permitted by law, any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us are excluded under these Terms of Use. However, if a supply under these Terms of Use is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law (contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth)), nothing contained in these Terms of Use excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits us to limit our liability, then our liability is limited to:

  • in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
  • in the case of software or other goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired,

and except in the case of a major failure (as that term is defined in the Australian Consumer Law), we can elect as between the remedies set out in paragraphs (a) and (b) above.

5. Exclusion of liability

Subject to section 4 above, and to the extent permitted by law, we exclude liability for all direct, indirect or consequential liabilities, losses, damages, costs and expenses (including, without limitation, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data or loss of anticipated savings or benefits), whether arising in contract, tort (including negligence) or otherwise, suffered or incurred by any person in connection with or in any way relating to the website or any content or services provided or made available through the website.

6. Third party links

Our website (or social media websites on which we maintain a presence) may contain links to other sites over which we have no control. Those links are provided for your convenience only, and we are not responsible for their use, effect or content. By accessing these third party sites, you agree to any terms of access or use imposed by those sites. We do not endorse any material on third party sites and do not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of the material on those sites, nor do we warrant that material on other sites does not infringe the intellectual property rights of any other person

7. Password secrecy

We may choose to issue you with a username and password to enable you to access particular features on our website. If we do, you must keep those details confidential (and you are responsible for their misuse if you don’t).

8. Posting comments

Our website may enable you to post comments (for example, on blogs, forums or other public areas). You are responsible for all comments that you post (or that are posted using your username and password). You must not post any comment that:

  • is inflammatory (commonly referred to as ‘trolling’);
  • is xenophobic, racist, abusive, harassing or hateful;
  • is false, defamatory, inaccurate, threatening, invasive of a person’s privacy, or constitutes personal abuse directed at other users;
  • is obscene, sexually explicit or pornographic, or contains links to other sites that contain or promote obscene, sexually explicit or pornographic material;
  • constitutes commercial advertising, the promotion of gambling or the promotion of your own site (commonly referred to as ‘spamming’);
  • infringes someone else’s copyright or other intellectual property rights, or
  • violates any applicable law.

9. Applicable law

These Terms of Use, and your use of our website, are governed by the laws of the Australian Capital Territory, Australia.

10. Privacy policy

You can find our Privacy Policy by clicking here.

Aldermane Pty Ltd (we, us) recognises the importance of your privacy and understands your concerns about the security of your personal information. We are committed to protecting any personal information that we hold.  This Privacy Policy details how we generally collect, hold, use and disclose personal information and your rights in relation to the personal information that we hold about you.

When we deal with organisations (such as a corporation or a Government Department or agency) we may collect personal information about individuals who are employees, directors or principals of those organisations or their associates. If you are an organisation and you provide us with personal information about such individuals, or are otherwise aware that we have collected personal information about such individuals, we ask you to assist us by referring the relevant individuals to this Privacy Policy. Before you provide us with personal information about an individual that is sensitive information, you must ensure that you are authorised by the relevant individual to disclose that information to us.

Where this Privacy Policy refers to a party that may be either an individual or an organisation (such as our clients or service providers), the reference includes individuals who are employees, directors, or principals of an organisation or its associates.

Personal information

'Personal information' is defined in the Privacy Act 1988 (Cth) to mean any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not.

The kinds of personal information we collect and hold

We collect and hold a range of personal information in carrying out our business and functions as a legal services provider. The kinds of personal information that we collect and hold about you will depend upon the nature of our relationship with you.

Our clients

We typically collect and hold the following kinds of personal information about our clients:

  • name, job title, and contact details;
  • communications between you and us;
  • financial information;
  • information about your areas of legal interest or specialisation; and
  • other personal information that you provide to us (such as when you respond to an invitation to attend a seminar or function) or that we collect in the course of our relationship with you.

To the extent that it is relevant to the work we are undertaking for a client or our general relationship with a client, we may also collect and hold personal information about clients that is sensitive information under the Privacy Act. For example, we may collect health information about an individual, membership of a professional or trade association, membership of a trade union, religious beliefs or affiliations or criminal records.

Our contractors, service providers, suppliers and job applicants

We typically collect and hold the following kinds of personal information about contractors, service providers, suppliers and job applicants:

  • name and contact details;
  • information contained in resumes;
  • educational details, academic and other transcripts, employment history, skills and background checks;
  • references from past employers and referees;
  • information collected during the interview or assessment process;
  • details of your performance under any contract; and
  • personal information required to make payments, such as bank account details.

We may also collect sensitive information contained within the sources set out above, such as membership of a political, professional or trade association or trade union, criminal records and health information.

Website users, online contacts and attendees at seminars and other functions

The amount and type of information we collect from you when you use of our website or contact us online will depend upon your use of the facilities and services available through our website or otherwise available online. However, the only personal information which we collect about you when you use our website or contact us online is what you tell us about yourself, such as when you complete one of our online forms, including through our marketing campaigns, or information you provide to us when you send us an email.

The kinds of personal information that we may collect through our website, online or when you register to, or attend a function include:

  • your name, contact details, employer and job title; and
  • your areas of legal interest or specialisation.

We may also collect and hold the following sensitive information about you:

  • health information (i.e. conditions affecting dietary requirements such as diabetes or food allergies);
  • information on your religious beliefs or affiliations (i.e. for the purposes of assessing dietary requirements such as Halal or Kosher); and
  • membership of a political, professional or trade association or trade union.

We will also collect personal information about you if you provide us with your business card at a function or otherwise provide your personal information to us in person or contact us through social media (such as LinkedIn and Facebook).

Other individuals

In the course of providing our clients with the services they have requested, and carrying out their instructions, we may be required to collect personal information about other individuals including other parties to our clients' matters, their legal representatives and other service providers or contractors retained by them. The nature of information collected will depend upon the individual circumstances of the matter, but is likely to include name, contact details, job title, and communications with these other individuals. Depending upon the circumstances of the matter, it may also include sensitive information.

If you approach us for information (such as government departments, regulatory authorities or media) we may record your name and contact details and collect additional personal information about you to verify your identity and consider whether to provide you with the information that you have requested.

How we collect personal information

In most instances we will collect personal information directly from the person to whom the information relates, or the organisation of which that personal is an employee, director or principal. However, we may also collect personal information about individuals from the following third parties:

  • our clients;
  • government agencies;
  • law enforcement bodies;
  • publicly available records;
  • public registries;
  • court or tribunal records;
  • ratings agencies;
  • search agencies;
  • regulatory and licensing bodies;
  • service providers;
  • parties to whom you refer us, including previous employers and referees;
  • recruitment agencies;
  • online searches; and
  • social media (such as LinkedIn and Facebook).

When we obtain personal information from third parties to whom you refer us, we will assume and you must ensure that you have made that third party aware that you have referred us to them and of the purposes involved in the collection, use and disclosure of the relevant personal information.

If you supply us with personal information about another individual, we ask you to assist us by referring that person to this Privacy Policy.

How we hold personal information

We hold personal information in hardcopy files and in electronic form, and take reasonable steps to protect personal information from misuse, interference, loss, and unauthorised access, modification or disclosure.

We store hardcopy files in offices, cupboards and compactuses within an access controlled premises. Under our records managements system, access to files is appropriately limited. We may apply additional security measures limiting access to information about files or store files in locked cupboards or access restricted rooms as necessary or desirable based on our clients' needs.

We store electronic records within our own secure network and through third party data storage providers. Personal information within our network is password protected and access is appropriately limited.

Our third party data storage providers are required to protect personal information in accordance with applicable laws and take appropriate technical and organisation measures against unauthorised or unlawful use of personal information or its accidental loss, destruction or damage.

The purposes for which we collect, hold, use and disclose personal information

We collect, hold, use and disclose personal information for the purposes for which it was collected, related purposes, and other purposes including:

  • providing the services that our clients have requested;
  • contracting out some of our functions to external service providers and suppliers (such as barristers, title and court searches, surveyors, forensic witnesses, accountants, mediators, valuers, printers, carriers, mailing, photocopying, IT, advertising, marketing and campaign managers, market research and recruitment);
  • maintaining, managing and developing our relationship with clients and potential clients;
  • carrying out research, planning, service development, security and risk management;
  • marketing our services, administering and operating our online subscriptions and providing you with information about legal developments and other services that you have requested or that may be of interest to you;
  • the organisation of events;
  • assessing and considering applications from prospective employees, contractors and service providers;
  • developing and managing relationships with our employees, contractors and service providers;
  • managing insurance;
  • conducting further searches and enquiries regarding the information you have provided to us or more generally to collect additional personal information about you or your associates for our regulatory or prudential purposes;
  • complying with our legal and regulatory obligations; and
  • to otherwise carry out our functions as professional legal service providers.

Direct marketing

If you are a client or have otherwise expressed interest and provided us with your contact details, we may send emails to you with information about legal developments (such as publications, alerts and newsletters) and marketing our services (such as seminar invitations).

We may use an "email management system" to automate the management and dispatch of these emails. The system operates by inserting tracking codes in the emails that we send to you. The tracking code allows us to collect personal information about you, such as whether you received and opened an email, and whether you clicked through to any links to our website. The personal information that the email management system collects and holds about you is used by us to:

  • ensure that you only receive correspondence that you have informed us that you wish to receive;
  • insert your personal information into our communications with you;
  • determine whether the information that we send to you is suitable for your interests, information needs and profile;
  • ensure that the email address that you have provided us is still operational;
  • determine whether emails that we send to you are received by you;
  • update a request that you make to us to unsubscribe from a publication that we send to you;
  • review the effectiveness and relevance of our emails to you by collecting other statistical information.

If you do not wish for us to send you such emails, please let us know by contacting our Privacy Officer at the details below. You can also unsubscribe from our email notifications by clicking on the 'Unsubscribe' button at the bottom of our email notifications and following the prompts or by emailing us by clicking the 'Contact Us' button.

Overseas disclosures of personal information

We may disclose personal information to external service providers located overseas (including England) so that they can provide us with services in connection with the operation of our business, such as marketing services and data storage

If you apply to us for employment, and have lived or worked overseas, we may disclose your personal information to overseas recipients for the purposes of gathering information to assess your application. If you have previously worked for us, and provide our details to a prospective employer or recruitment agency located overseas, we may disclose your personal information to that entity to assist them to assess your application.

Aside from the purposes set out above, we are generally not likely to disclose personal information to overseas recipients. However, in the course of acting for some clients it may become necessary or desirable to disclose personal information to overseas recipients. The countries in which these overseas recipients may be located will depend upon the individual circumstances of our client's matter, and it is not practicable to specify them in this Privacy Policy.

With consent, we may also transfer personal information to overseas recipients in the form of contact details about clients who agree to act as our referees for the purposes of our participation in foreign legal directories and international awards.

Access to your personal information

You have a right to request access to personal information that we hold about you and request its correction if it is inaccurate, out of date, incomplete, irrelevant or misleading. You may do so by contacting our Privacy Officer at the details below. We will respond to all requests for access to or correction of personal information within a reasonable period.

In some cases, in accordance with the Privacy Act, we may charge you a fee for access to personal information we hold about you or refuse to give you access to personal information we hold about you.

Complaints

If you would like to complain about a breach of the Australian Privacy Principles, you may contact our Privacy Officer at the details below.

We will respond to complaints within a reasonable period of time (usually 30 days).

If you disagree with our decision, you may refer your complaint to the Office of the Australian Information Commissioner by visiting www.oaic.gov.au, calling 1300 363 992 or by emailing enquiries@oaic.gov.au.

Privacy Officer

If you would like more information about the way we manage personal information, would like to request access to or correction of personal information that we hold about you, or wish to make a complaint, please contact our Privacy Officer by either:

Email - admin@aldermane.com.au; or

Post - Attention "Privacy Officer, Aldermane Pty Ltd" Unit 2, 26 Bougainville Street, Griffith ACT 2603.

Changes to our privacy policy

From time to time it may be necessary for us to review and revise our Privacy Policy. We may notify you about changes to this Privacy Policy by posting an updated version on our website. We encourage you to check our website from time to time to ensure you are familiar with our latest Privacy Policy.

Our Privacy Policy was last updated on 1 November 2023.