Kofman Legal

Legal

Terms of Use

These Website Terms of Use ('Terms') govern your access to and use of this website. They are not an engagement letter, a costs agreement or a retainer, and they do not govern the provision of legal services.

1. Who we are

  1. This website is published and operated by Kofman Legal Pty Ltd (ACN 700 384 489) trading as Kofman Legal ('we', 'us' and/or 'our'), an incorporated legal practice under the Legal Profession Uniform Law (NSW).
  2. Our principal place of business is Level 5, 115 Pitt Street, Sydney NSW 2000. You may contact us at enquiries@kofmanlegal.com.au.
  3. In these Terms, you means any person who accesses or uses this website, and Website Content means all material published on this website, including articles, practice area and experience pages, insights, videos, guides, checklists, case summaries and downloadable materials.

2. Acceptance of these Terms

  1. By accessing or using this website, you agree to be bound by these Terms as they apply at the time of your use.
  2. If you do not agree to these Terms, you must not use this website.
  3. Where this website requires you to indicate your acceptance of these Terms before submitting a form or using a particular feature, you must do so before that feature will be made available to you.
  4. Your continued use of this website after amended Terms are published constitutes acceptance of the amended Terms.

3. Scope — website use only

  1. These Terms govern your access to and use of this website and the Website Content. They do not govern the provision of legal services and do not create any contractual relationship between you and us in relation to legal services.
  2. Our provision of legal services is governed exclusively by a separate costs disclosure and costs agreement entered into with each client in accordance with Part 4.3 of the Legal Profession Uniform Law (NSW).

4. No solicitor–client relationship

  1. Accessing this website, reading the Website Content, subscribing to our mailing list or submitting an enquiry through this website does not:

    1. create a solicitor–client relationship between you and us;
    2. constitute acceptance of your instructions or confirmation of a retainer;
    3. oblige us to respond to your enquiry or to act on your behalf;
    4. constitute or complete a conflict of interest check; or
    5. require us to protect any limitation period, filing deadline, procedural step or other time-critical obligation on your behalf.
  2. A solicitor–client relationship and a retainer arise only when we confirm in writing that we have accepted your instructions and you have completed our client onboarding requirements, including the return of a signed costs agreement.

5. General information only — not legal advice

  1. The Website Content is provided for general information purposes only.

  2. The Website Content:

    1. does not constitute legal advice and must not be relied upon as legal advice;
    2. may not be current, complete or applicable to your particular circumstances;
    3. does not take into account changes in legislation, regulation, regulatory guidance or case law occurring after the date of publication; and
    4. is not a substitute for legal advice tailored to your specific situation.
  3. You should obtain specific legal advice from a qualified legal practitioner before acting, or refraining from acting, on the basis of anything published on this website.

6. No guarantee of outcomes

  1. Nothing on this website, including descriptions of prior matters, selected experience, credentials, recognition, statements about our practice areas or any client comment constitutes a guarantee, warranty or representation that a comparable result will be achieved in any other matter.
  2. The outcome of any legal matter depends on its own facts, the applicable law and other matters beyond our control.

7. Online enquiries and urgent matters

  1. Enquiry forms and other online contact tools on this website are provided as a convenience for general enquiries only. They are not suitable for:

    1. urgent instructions or time-critical matters;
    2. communicating information about limitation periods, filing deadlines, hearing dates or regulatory response deadlines; or
    3. matters requiring immediate legal advice or action.
  2. Submitting an enquiry does not guarantee its receipt, acknowledgement or any response from us.
  3. You remain solely responsible for every limitation period, deadline and time-critical step in your matter unless and until we confirm in writing that we have accepted your instructions.
  4. If your matter is urgent, please contact us by email or telephone.

8. Confidentiality, privilege and conflicts of interest

  1. Submitting information through this website does not, of itself, cause us to owe you duties of confidentiality, does not attract legal professional privilege, does not constitute acceptance of a retainer and does not complete a conflict of interest check.
  2. If a conflict of interest is identified after you have submitted an enquiry, we may be unable to act for you, and we may be required to deal with the information we have received in accordance with our professional and legal obligations.
  3. You may wish to limit the information you provide until we have confirmed that we are able to act for you.

9. Mailing list and electronic communications

  1. If you subscribe to our mailing list, you consent to receiving commercial electronic messages from us containing legal updates, articles and information about our services or events.
  2. You may withdraw that consent at any time using the unsubscribe function in any message we send, or by emailing enquiries@kofmanlegal.com.au. We will action unsubscribe requests in accordance with the Spam Act 2003 (Cth).
  3. Subscribing to our mailing list does not create a solicitor–client relationship.

10. Careers and unsolicited applications

  1. Material submitted through our careers page or sent to careers@kofmanlegal.com.au is received on an unsolicited basis unless we have advertised a specific position.
  2. We are not obliged to acknowledge, retain or respond to any application, and no employment, contractual or other relationship arises from the submission of an application.
  3. Personal information contained in an application is handled in accordance with our Privacy Policy.

11. Privacy and cookies

  1. We collect, hold, use and disclose personal information in accordance with our Privacy Policy, available at kofmanlegal.com.au/privacy.
  2. By using this website and submitting information through it, you acknowledge that you have read and understood our Privacy Policy.
  3. This website uses only cookies and similar technologies that are necessary to operate the website securely and to protect our forms against automated abuse. We do not use advertising cookies or cross-site tracking technologies. Further detail is set out in our Privacy Policy.
  4. Enquiry forms, mailing list forms and anti-spam measures on this website are delivered using third party services. Information you submit through those forms is transmitted through, and may be stored by, those service providers, including outside Australia. Our Privacy Policy sets out how we address disclosures of that kind.

12. Intellectual property and permitted use

  1. Unless otherwise indicated, all intellectual property rights in this website and the Website Content, including text, branding, logomarks, wordmarks, photography, video, layout and downloadable materials, are owned by or licensed to us. All rights are reserved.
  2. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable and revocable licence to access and use this website and the Website Content for your own personal or internal business purposes.

  3. You must not, without our prior written consent:

    1. reproduce, republish, distribute, sell or commercially exploit any part of the Website Content;
    2. modify, adapt or create derivative works from the Website Content;
    3. remove or alter any copyright, trademark or other proprietary notice;
    4. extract content from this website by automated means, including indexing, harvesting or systematic downloading, other than by a search engine crawler operating in accordance with our robots.txt file; or
    5. use any Website Content, in whole or in part, to train, fine-tune, evaluate or otherwise develop any artificial intelligence system, machine learning model or large language model.

13. Acceptable use and security

  1. In using this website, you must not:

    1. act in a way that is unlawful, fraudulent, defamatory, misleading or harmful, or that facilitates such conduct;
    2. upload or transmit any virus, malware, ransomware or other harmful code;
    3. attempt to obtain unauthorised access to this website, its hosting infrastructure or any connected system or network;
    4. impersonate any person or misrepresent your affiliation with any person;
    5. send unsolicited commercial electronic messages through or in connection with this website;
    6. circumvent, disable or interfere with any security, verification or anti-automation measure used on this website; or
    7. place an unreasonable load on this website through automated or excessive access.
  2. Conduct of the kind described in clause 13.1 may contravene the Criminal Code Act 1995 (Cth), the Spam Act 2003 (Cth) or other legislation. We may suspend or block access to this website and may report such conduct to the appropriate authorities.

14. Third party links and services

  1. This website may link to, or integrate, third party websites, platforms and services, including form handling, anti-spam verification, video hosting, analytics and social media platforms ('Third Party Services').

  2. Third Party Services are not controlled by us, and we:

    1. do not endorse or accept responsibility for any Third Party Service or its content, availability, accuracy or privacy practices; and
    2. are not responsible for any loss or damage arising from your use of a Third Party Service.
  3. You should review the terms and privacy policy of any Third Party Service before using it. A link does not imply our endorsement.

15. Downloadable and embedded materials

  1. Any guides, checklists, templates or other materials made available for download ('Downloadable Materials') or embedded, for example by video player, are provided for general information purposes only, do not constitute legal advice, may not be current or suitable for your circumstances, and are downloaded and used at your own risk.
  2. You should obtain specific legal advice before relying on any Downloadable Materials.
  3. Downloadable Materials remain subject to clause 12.

16. No warranty about website and limitation of liability

  1. We do not warrant that this website will be available at any particular time, that access will be uninterrupted or error free, or that this website is free of viruses or other harmful components.
  2. We may modify, suspend, restrict access to or discontinue this website or any part of it at any time and without notice, including for maintenance, security, legal compliance or commercial reasons.

  3. To the maximum extent permitted by law:

    1. the Website Content is provided on an 'as is' and 'as available' basis, without representation or warranty of any kind as to its accuracy, completeness, currency or fitness for any purpose;

    2. we are not liable for any loss or damage (including direct, indirect, consequential, economic or special loss, and loss of profit or opportunity) arising from or in connection with:

      1. your access to or use of, or inability to access or use, this website;
      2. any reliance on the Website Content or any Downloadable Materials;
      3. any unauthorised access to, or interception, loss or corruption of, information transmitted through this website;
      4. any interruption, suspension, modification or discontinuance of this website; or
      5. any Third Party Service.
  4. Liability limited by a scheme approved under Professional Standards Legislation.
  5. This clause relates to your use of this website. It does not apply to the provision of legal services under a retainer, which is governed by the relevant engagement documentation and by the professional standards scheme referred to in clause 1.3.

17. Waiver

  1. A failure by us to enforce any provision of these Terms on any occasion is not a waiver of that provision or of our right to enforce it subsequently. No waiver is effective unless it is in writing and signed by us.

18. Governing law and jurisdiction

  1. These Terms are governed by the law of New South Wales, Australia.
  2. You submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from them in respect of any dispute arising out of or in connection with these Terms or this website.

19. Complaints and contact details

  1. If you have a concern about this website or the Website Content, please contact us at Kofman Legal, Level 5, 115 Pitt Street, Sydney NSW 2000, or by email to enquiries@kofmanlegal.com.au, marked for the attention of the Principal.
  2. A complaint about this website is not a complaint about legal services. Complaints about legal services provided under a retainer are dealt with under our internal complaints handling process, details of which are available on request, and may be referred to the Office of the Legal Services Commissioner (NSW) at www.olsc.nsw.gov.au if unresolved.

End of Terms

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