Terms of use

Clelands Lawyers Adelaide Pty Ltd ACN 619 603 271 (Clelands Lawyers) owns and operates this website. Access to and use of this Website is subject to the following terms, conditions, and notices (Terms of Use). By using this website, you are agreeing to all the following Terms of Use, as may be updated by us from time to time.

1           Legal Advice Disclaimer

The content of this website has been prepared to provide general information only and does not constitute legal advice. You should consult a lawyer for individual advice.  Any information included on this website is intended to cover matters which may be of interest. While we endeavour to maintain and update the information on the website, the information may not reflect most recent developments.  Your use of this website is not intended to create, nor does it create a solicitor-client relationship between you and Clelands Lawyers.  To the extent permitted by law, Clelands Lawyers will not be liable in any way whatsoever (including for negligence) for any loss, damage (including incidental, special, or consequential damages), costs or expenses suffered, arising out of, or in any way connected with:

• your use of this website or reliance on any information on this website;

• your use of any linked websites or content of such linked websites.

All warranties and conditions (whether express or implied) are hereby excluded to the extent permitted by law. You may have rights under the Australian Consumer Law or other rights in relation to the supply of services that cannot lawfully be excluded by Clelands Lawyers. To the extent permitted by law, Clelands Lawyers’ liability in respect of any non-excludable rights shall be limited, at Clelands Lawyers’ option, to the supply of the services again, or the payment of the cost of having them supplied again.

2           Linked sites

This website may contain links to other websites which are not operated by Clelands Lawyers and over which Clelands Lawyers have no control. Those links are provided for convenience only and may not remain current or be maintained.  We are not responsible for the content or privacy practices associated with linked websites.  Our links with other websites should not be construed as an endorsement, approval, or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

3           Intellectual property, software and content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remain the property of Clelands Lawyers or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Clelands Lawyers and its licensors. You may store, print, and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute, or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website, nor may you use any such content in connection with any business or commercial enterprise.

4           Linking to this website

You may link to this website, provided you do so in a way that is respectable, fair, and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This website must not be framed on any other site, nor may you create a link to any part of this website other than the home page. We reserve the right to withdraw linking permission without notice.

5            Intellectual Property

Unless otherwise indicated, Clelands Lawyers owns the copyright in the content on this website. Some of the copyright in the content may be owned by someone else and is included on our website under a licence or agreement.  You may only access and use the content for non-commercial or personal use unless you have prior written approval from us. All other use, copying or reproduction of this website or any part of it is prohibited (except to the extent permitted by law).

6            Indemnity

You agree to indemnify, defend and hold harmless Clelands Lawyers, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this website or your breach of the Terms of Use.

7            Variations

(a)     Clelands Lawyers reserves the right in its absolute discretion to, at any time and without notice, alter, amend, remove, or otherwise vary the information on this website.
(b)     Clelands Lawyers may alter these Terms of Use at any time at our discretion without notice.

8            Privacy policy

Our privacy policy, which sets out how we will use your information. By using this Website, you consent to the processing described the privacy policy and warrant that all data provided by you is accurate.

9            Jurisdiction

These Terms of Use are governed by the law in force in South Australia. You irrevocably submit to the exclusive jurisdiction of the courts of South Australia and all courts of appeal from them, for determining any dispute concerning these Terms of Use.

Privacy Policy

Clelands Lawyers is committed to protecting your privacy and personal information.  Clelands Lawyers is bound by the Australian Privacy Principles (APPs) as contained in the Privacy Act 1988 (Cth) (the Act).  This Privacy Policy describes how Clelands Lawyers collects, uses, and discloses personal information about an individual and how we manage individual requests to access and correct it.

1            Collection of personal information

Collection of personal, sensitive, and confidential information is fundamental to our relationship with our clients.  All information received in connection to a client matter is subject to strict rules of confidentiality. The information will not be disclosed except in accordance with our professional obligations, as specifically authorised by our client or as contemplated by this Privacy Policy.

2            What kinds of personal information do we collect?

During the course of our business, we may collect personal information (including sensitive information).
The kinds of personal information we collect, and hold may include:

• name, address, age, sex, occupation, and contact information;

• billing and credit card information;

• government issued identifiers, such as Tax File Numbers and Australian Business Numbers (which are only used in accordance with the Act);

• details relating to the purchase of products and payments for attendances at seminars, webinars and events;

• areas of legal practice of interest or events of interest; and

• information about people’s dealings with us.

3            Anonymity and pseudonyms

If you do not give any personal information when we ask for it that is your prerogative. You have the right not to identify yourself, or to use a pseudonym when dealing with us. However, it may affect our ability to meet our obligations to you and we may be unable to act for, or do business, with you or others.

4            How we collection personal information

Where possible, we will collect personal information directly from the individual concerned. An individual’s representatives may, however, hold personal information (eg financial or bank account details or a credit reference) that we may need to access for particular dealings, legal proceedings or other purposes. Where we are at liberty to do so, we will use our best endeavours to seek an individual’s consent before obtaining their personal information from third parties.  We may also collect information personal information about an individual from clients, potential clients/contacts, employers, courts, tribunals, government agencies and public records.

5            Collection of sensitive information

Under the APPs, Clelands Lawyers is entitled to collect sensitive information about you, or others, for several reasons, including where the collection is necessary for the establishment, exercise, or defence of a legal or equitable claim.  Where Clelands Lawyers is required to, and it is practicable to do so, we will seek your consent before collecting your sensitive information and inform you of the purpose at the same time.

6            How we hold personal information

We treat the personal information (including sensitive information) that we receive and hold in accordance with strict professional obligations of confidentiality and legal professional privilege. We hold personal information in physical records and electronic files.

7            Cookies

You need not disclose your identity to us to use this website. This website utilises software that makes use of browser cookies. These cookies are only used to record information (such as browser and page views) that helps us improve the quality and performance of the website of our services to you or our clients. Our server may also automatically record details about any computer used to access the website (such as the IP address, the date and time of access etc.) together with details of information downloaded. This information is used for internal purposes only as well as to improve our website.

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

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

• identify individuals and protect them from unauthorised access to their personal information, accounts or services;

• provide, offer or improve our services to you;

• manage and account for our services;

• manage our relationships with you and our other clients;

• provide to you information about legal developments, events, products or services that may be of interest to you; and

• facilitate our internal business operations, including fulfilling our legal requirements and professional obligations.

You may request not to receive direct marketing communications from us by contacting us via:

Clelands Lawyers
208 Carrington Street
Adelaide SA 5000
Email: clelands@cle.com.au
Phone: (08) 8177 5888
Fax: (08) 8177 5899

We may disclose personal information (including sensitive information) for the purposes for which it was collected and also: 

• as required by law subject to our professional obligations, as permitted under the APPs and/or with your consent if required;

• subject to our professional obligations, to any person where necessary or desirable in connection with our provision of legal services, such as to the client, barristers, witnesses, regulatory authorities, or other persons within Clelands; and

• on a confidential basis to our external service providers and advisers.

9            Cross-border disclosure of information

We may use and disclose your personal information in jurisdictions other than Australia or an external territory including where:

• the overseas recipient is a party to the matter for which you have instructed us; and

• required by law subject to our professional obligations, as permitted under the APPs and/or with your consent if required.

10           Access and correction of personal information

We take reasonable steps to correct all personal information we hold to ensure that, having regard to the purposes for which it is held, the information is accurate, up to date, complete, relevant, and not misleading.  You may request corrections to personal information we hold about you. We deal with all requests for correction to personal information as required by the Act. We may refuse to correct personal information if the Act allows us to do so.  We may charge you a fee where access is provided but not in relation to the correction of your personal information.

11            Security of information

We will take reasonable steps to protect your personal information held in physical and electronic form from misuse, interference, and loss and from unauthorised access, modification or disclosure.  All persons within Clelands Lawyers with access to confidential information are subject to confidentiality obligations.  We require all our contractors and others to whom we disclose personal information or whom may have access to personal information we collect, to keep such personal information private and to protect such personal information from misuse and loss and from unauthorised access, modification, or disclosure.  If we no longer need your personal information for any purpose for which the information may be used or disclosed by use under this Privacy Policy, we will take reasonable steps to destroy the information or to ensure that the information is de-identified.

12            Complaints

If you wish to make a complaint about this Privacy Policy or our collection, use or disclosure of personal information, please contact us in the first instance. We will investigate your complaint and try to promptly resolve your complaint directly with you.  If you are not satisfied with the outcome, then you may make a complaint to the Office of the Australian Information Commissioner (OAIC).  For information about how to make such a complaint, please refer to the OAIC website.

13            Changes to Privacy Policy

We reserve the right to make changes to this Privacy Policy from time to time and without notice by publication on our website.