mccomber.law – website terms of use

This website (Site) is operated by Joel McComber ABN  41 696 297 912 (I, me or my).  It is available at: www.mccomber.law and may be available through other addresses or channels.

Consent. By accessing and/or using my Site, you agree to these terms of use and privacy policy (Terms). Please read these Terms carefully and immediately cease using the Site if you do not agree to them. 

Variations. I may, at any time and at my discretion, vary these Terms by publishing the varied terms on the Site. Materials and information on this Site (Content) are subject to change without notice. I do not undertake to keep the Site up-to-date and I am not liable if any Content is inaccurate or out-of-date.

Prohibited conduct. You must not do or attempt to do anything that is unlawful through your use of the Site.

Information. The Content is not comprehensive and is for general information purposes only.  It does not take into account your specific needs, objectives or circumstances, and it is not advice.  While I use reasonable attempts to ensure the accuracy and completeness of the Content, I make no representation or warranty in relation to it, to the maximum extent permitted by law. 

Intellectual Property rights. Unless otherwise indicated, I own or licence all rights, title and interest (including intellectual property rights) in the Site and all of the Content. Your use of the Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to the Site or the Content. 

Third party sites. The Site may contain links to websites operated by third parties.  Unless expressly stated otherwise, I do not control, endorse or approve, and are not responsible for, the content on those websites.  You should make your own investigations with respect to the suitability of those websites.  

Discontinuance. I may, at any time and without notice to you, discontinue the Site, in whole or in part.  I may also exclude any person from using the Site, at any time and at my sole discretion. I am not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers. To the maximum extent permitted by law, I make no representations or warranties about the Site or the Content, including (without limitation) that:

• they are complete, accurate, reliable, up-to-date and suitable for any particular purpose; 

• access will be uninterrupted, error-free or free from viruses; or

• my Site will be secure.

You read, use and act on the Site and the Content at your own risk.

Limitation of liability. To the maximum extent permitted by law, I am not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of the Site and/or the Content and/or any inaccessibility of, interruption to or outage of the Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date. 

Indemnity. To the maximum extent permitted by law, you must indemnify me, and hold me harmless, against any Liability suffered or incurred by me arising from or in connection with your use of the Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for me to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Termination. These Terms are effective until terminated by me, which I may do at any time and without notice to you.  In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Severance. If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction. Your use of the Site and these Terms are governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria, Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts. 

The Site may be accessed throughout Australia and overseas.  I make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia.  If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access the Site.

mccomber.law – privacy policy

This Privacy Policy sets out my commitment to protecting the privacy of personal information provided to me, or otherwise collected by me, offline or online, including through my website (Site). In this Privacy Policy me, I or my means Joel McComber (ABN 41 696 297 912).

Personal information. The types of personal information I may collect about you include:

• your name;

• your contact details, including email address, mailing address, street address and/or telephone number; 

• your age and/or date of birth;

• details of products and services I have provided to you and/or that you have enquired about, and my response to you;

• any other personal information requested by me and/or provided by you or a third party.

I may collect these types of personal information directly from you or from third parties.

Collection and use of personal information. I may collect, hold, use and disclose personal information for the following purposes: 

• to contact and communicate with you;

• to provide you with legal advice;

• for internal record keeping and administrative purposes; and

• to comply with my legal obligations and resolve any disputes that I may have.

Disclosure of personal information to third parties. I may disclose personal information to:

• my employees, contractors and/or related entities;

• courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services I have provided to you; and

• courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend my legal rights.

I may store personal information overseas. Where I disclose your personal information to the third parties listed above, these third parties may also store, transfer or access personal information outside of Australia. Unless I seek and receive your consent to an overseas disclosure of your personal information, I will only disclose your personal information to countries with laws which protect your personal information in a way which is substantially similar to the Australian Privacy Principles and/or I will take such steps as are reasonable in the circumstances to require that overseas recipients protect your personal information in accordance with the Australian Privacy Principles.

How I treat personal information that is also sensitive information. Sensitive information is a subset of personal information that is given a higher level of protection under the Australian Privacy Principles. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information. 

I only collect, hold, use and disclose sensitive information for the following purposes:

• any purposes you consent to;

• the primary purpose for which it is collected (generally, the provision of legal advice to you);

• secondary purposes that are directly related to the primary purpose for which it was collected; and

• if otherwise required or authorised by law. 

Your rights and controlling your personal information.

Choice and consent. Please read this Privacy Policy carefully. By providing personal information to me, you understand I will collect, hold, use and disclose your personal information in accordance with this Privacy Policy. You do not have to provide personal information to me, however, if you do not, it may affect your use of this Site or the products and/or services offered on or through it.

Information from third parties. If I receive personal information about you from a third party, I will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to me. 

Restrict. You may choose to restrict the collection or use of your personal information.  If you have previously agreed to me using your personal information for direct marketing purposes, you may change your mind at any time by contacting me using the details below.

Access. You may request details of the personal information that I hold about you.  An administrative fee may be payable for the provision of such information.  In certain circumstances, as set out in the Privacy Act 1988 (Cth), I may refuse to provide you with personal information that I hold about you. 

Correction. If you believe that any information I hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact me using the details below. I will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.

Complaints. If you believe that I have breached the Australian Privacy Principles and wish to make a complaint, please contact me using the details below and provide me with full details of the alleged breach. I will promptly investigate your complaint and respond to you, in writing, setting out the outcome of my investigation and the steps I will take to deal with your complaint.

Unsubscribe. To unsubscribe from my e-mail database or opt-out of communications (including marketing communications), please contact me using the details below or opt-out using the opt-out facilities provided in the communication.

Storage and security. I am committed to ensuring that the personal information I collect is secure. In order to prevent unauthorised access or disclosure, I have put in place suitable physical, electronic and managerial procedures to safeguard and secure the personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

I cannot guarantee the security of any information that is transmitted to or by me over the Internet. The transmission and exchange of information is carried out at your own risk. Although I take measures to safeguard against unauthorised disclosures of information, I cannot assure you that the personal information I collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

Links to other websites. The Site may contain links to other websites. I do not have any control over those websites and I am not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.

Amendments. I may, at any time and at my discretion, vary this Privacy Policy by publishing the amended Privacy Policy on the Site. I recommend you check the Site regularly to ensure you are aware of my current Privacy Policy.

mccomber.law - contact

For any questions, notices, or complaints please contact me using the below contact form.