1	Introduction
(a)	Tarr Law Pty Ltd (ACN 46 643 383 868) is referred to in these Terms and Conditions as “Tarr Law” or “we”, “us”, “our” and similar.
(b)	We provide legal services, mediation services, and trade marks attorney services (Services).
(c)	The website at the domain name www.tarrlaw.com.au (Website) is owned and operated by us, together with the associated email address hayley@tarrlaw.com.au. Also owned and operated by us are Tarr Law Facebook, Instagram and TikTok accounts, and Hayley Tarr and Tarr Law LinkedIn accounts (Social Media Accounts).
(d)	By accessing the Website or Social Media Accounts; providing us with any material or information, via the Website, Social Media Accounts, email, telephone or otherwise; or engaging us to provide any Services, you are agreeing to these Terms and Conditions.
(e)	We reserve the right to change these Terms and Conditions:
(i)	with or without prior notice to you; and
(ii)	without giving you any explanation or justification for such change.
(f)	We will take reasonable steps to notify you of such changes, by posting the amended Terms and Conditions on our Website. By accessing the Website or Social Media Accounts; providing us with any material or information, via the Website, Social Media Accounts, email, telephone or otherwise; or engaging us to provide any Services following any amendments, you agree to be bound by the amended Terms and Conditions. We suggest that each time you access our Website you read the Terms and Conditions.
2	Terms and Conditions
2.1	Use of the Website and Social Media Accounts
(a)	The material on the Website and Social Media Accounts is the copyright work of Tarr Law and other copyright owners. 
(b)	All logos, brand names and service names that identify us are our copyright works and/or our trade marks. All other copyright works and/or trade marks on the Website and Social Media Accounts are the property of their respective owners. We reserve all intellectual property rights, including, but not limited to, copyright and trade mark rights in all material published on the Website and Social Media Accounts or given to you by us in the course of providing any Services (Material). You must obtain written permission before using any Material. Any unauthorised use of Material may violate contractual, copyright, trade mark and other rights or legal protections and could result in criminal or civil penalties.
(c)	Except for the limited use set out in clause 2.1(d) you may not use the Website, Social Media Accounts or the Material, for any purpose. We reserve the right to serve you with notice if we discover that you are involved in:
(i)	reproduction of the Material in any material form;
(ii)	distribution of the Material in any material form;
(iii)	selling of the Material in any material form;
(iv)	re-transmission of the Material by any medium of communication;
(v)	storing the Material in any storage media;
(vi)	uploading or reposting the Material to any other site on the Internet;
(vii)	modifying or copying the layout of the Website or Social Media Accounts;
(viii)	modifying or copying any computer software or code contained in the Website or Social Media Accounts; 
(ix)	“framing” the Material on the Website or Social Media Accounts with other material on any other site on the Internet; 
(x)	reformatting the Website or any of the Material on the Website or Social Media Accounts;
(xi)	metatag or mirroring of the Website or Social Media Accounts; and
(xii)	using data mining robots or other extraction tools in relation to the Website or Social Media Accounts.
The above are unlawful in any jurisdiction and are specifically prohibited by these Terms and Conditions.
(d)	Despite the above restrictions on use of the Material on the Website or Social Media Accounts, you may download Material from the Website or Social Media Accounts for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the Material.
2.2	Links to other websites
(a)	The Website and Social Media Accounts contain links to other sites on the Internet owned and operated by third parties and which are not under our control.
(b)	In relation to the other sites on the Internet, which are linked to the Website and Social Media Accounts, we:
(i)	provide the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement, support or sponsorship by us of the operator of that linked site nor of the information and/or products or services and/or content of the linked site; and
(ii)	take no responsibility for the content and material or maintenance of any linked site; and
(iii)	take no responsibility for the privacy compliance by any linked site, and in particular note that we are not responsible for how the owners and operators of any linked site collect, use or disclose your personal information, so it is important to familiarise yourself with their privacy policies before accessing or using them or providing them with your personal information (which they may collect through the use of cookies) when you visit them.
(c)	The Website and Social Media Accounts may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
(d)	You may link our Website and Social Media Accounts with our consent.  Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any content on our Website or Social Media Accounts, including any intellectual property notices, and you must not frame or reformat any of our pages, files, images, text or other materials. 
2.3	Information
(a)	We endeavor to ensure that details, descriptions, images and prices of Services appearing on the website are correct at the time when the relevant information is entered onto the system.
(b)	Subject to the Australian Consumer Laws, to the full extent permitted by law we disclaim any and all warranties, express or implied, regarding the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website, Social Media Accounts, Services or of any linked sites.
(c)	We may remove any material or information, including but not limited to links to other sites on the Internet, at any time without giving any notice, explanation or justification for removing the material or information.
(d)	Subject to Australian Consumer Laws, we will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if we have been advised of the possibility of such loss of profits or damages) which are the consequence of:
(i)	Any inaccuracy of any information or material on the Website or Social Media Accounts or any linked sites;
(ii)	Our removal of any information or material from the Website or Social Media Accounts or any linked sites;
(iii)	You or any other party acting, or failing to act, on any information contained on or referred to on the Website or Social Media Accounts or any of the linked sites; and
(iv)	You using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website or Social Media Accounts or any linked sites.
2.4	Viruses, Interruptions, Errors and Defects
(a)	We do not warrant, guarantee, or make any representation that:
(i)	the Website, or Social Media Accounts or the server that makes the Website available on the Internet are free of software viruses, trojans, worms, logic bombs or other malware or material which is malicious or technologically harmful;
(ii)	the functions contained in any software contained on the Website or Social Media Accounts will operate uninterrupted or are error-free; or
(iii)	errors, defects or omissions in the Website or Social Media Accounts will be corrected.
(b)	Subject to Australian Consumer Laws, we are not liable to you for:
(i)	any viruses, trojans, worms, logic bombs or other malware or material which is malicious or technologically harmful and that may affect your computer software or hardware or otherwise affect you as a consequence of you accessing the Website or Social Media Accounts;
(ii)	interruptions, including delays to or cessation of access to the Website, or Social Media Accounts or linked sites;
(iii)	errors, defects or omissions in the Website, or Social Media Accounts, or linked sites on the Internet; or
(iv)	defamatory, offensive or illegal conduct of any user of the Website or Social Media Accounts,
whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause.
(c)	You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website or Social Media Accounts.
2.5	Uploading material or information
(a)	You represent and warrant in relation to any material or information you upload to the Website or Social Media Accounts that:
(i)	You are authorised to provide the material or information in accordance with these Terms and Conditions;
(ii)	The material or information:
•	is accurate and complete;
•	is not offensive or illegal;
•	is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
•	is not third party confidential information;
•	is not the “passing off” of any product or service, is not misleading or deceptive, and does not constitute unfair competition;
•	does not infringe any intellectual property right including, but not limited to copyright and trade mark rights;
•	does not infringe any legislation or regulations of the Commonwealth of Australia (including, but not limited to, the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law (ACL)) and the State of Queensland and any other parliament competent to legislate in relation to the Website or Social Media Accounts or any law in any country where the material or information is or will be available electronically to users of the Website or Social Media Accounts; and
•	does not otherwise infringe upon the contractual or common law rights of any person or corporation.
(b)	By uploading any material that is protected by intellectual property rights including, but not limited to, copyright and trade mark rights on to the Website or Social Media Accounts, you are granting us a perpetual, non-exclusive, transferrable and payment-free licence throughout the world to:
(i)	reproduce, use and exploit the intellectual property to the full extent permitted by intellectual property law in any jurisdiction in which the Website or Social Media Accounts is available to users; and
(ii)	allow us to sub-licence others the same rights granted to us in clause 2.5(b)(i) above.
(c)	You consent, and warrant that you have obtained all relevant third party consents, to a breach by us, any transferee, or any licensee or other person authorised by us to use the intellectual property, of any Moral Rights in any copyright in the intellectual property and waive the right to, and warrant that you have obtained all necessary third party waivers of the right to, take any action against us, any transferee, or any licensee or other person authorised by us to use the intellectual property for such breach of any moral rights in any copyright in the intellectual property.
(d)	You consent to us emailing you at any email address you provide to us, or telephoning you on any phone number you provide to us, and you have taken steps to ensure that it is safe for you to be contacted by us via these means.
(e)	You acknowledge that the Services provided by us may be affected by the information you provide to us. We will not be liable for any advice that is incorrect due to your failure to provide accurate and complete information.
2.6	Limit of liability
(a)	We and our respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly. This applies:
(i)	in relation to or in connection with any material or information supplied in respect of advertising on the Website or Social Media Accounts; 
(ii)	as a consequence of removing any material or information from the Website or Social Media Accounts.
(b)	We may terminate access to the Website or Social Media Accounts at any time without giving any explanation or justification for the termination of access, and we have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
2.7	Indemnity
You will at all times indemnify and keep indemnified us and our respective officers, employees and agents (Those Indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of:
(a)	any breach of these Terms and Conditions by you; and
(b)	publication, distribution or use of the material or information or intellectual property supplied by you.
3	Privacy policy
(a)	By accessing or using our Website, Social Media Accounts, emailing or telephoning us, or otherwise communicating with us or engaging us to provide any Services, you are consenting to our collection, use, disclosure, retention and protection of your personal information as described in this privacy policy.
(b)	The personal information we may collect includes your: name; street and PO Box address; email address; telephone number; position within, ownership of and authority to act on behalf of any companies; personal identification such as a driver’s license or passport; and other personal and company data such as bank account details and financial information.
(c)	If you contact us seeking or enquiring about Services, it will not be practicable or reasonable to deal with us on an anonymous basis or through the use of a pseudonym. Your personal information will be required.
(d)	We will take all reasonable steps to ensure that all information we collect, use or disclose is accurate, complete, up-to-date and stored in a secure environment.
(e)	We will take due care with all information we collect. However, in providing us with such information you accept that we are not liable for its misuse due to error in transmission or any viruses, trojans, worms, logic bombs or other malware or material which is malicious or technologically harmful.
3.2	When do we collect information?
(a)	We collect three categories of information:
(i)	the personal information you voluntarily provide with your informed consent;
(ii)	personal information about you from other sources, such as a referee provided by you on an employment application made with us; and
(iii)	“cookie” based information that makes your use of our Website easier by recording your preferences so that when you return to our Website the “cookie” re-loads that information into your web browser.
3.3	Why do we use “cookies” and other web use tracking technologies?
(a)	General information about visits to our Website is collected by our computer servers through “cookies” (small files containing a unique identification (ID) number that our Website transfers to your computer’s hard drive through your Web browser to be stored in the cache of your computer). 
(b)	The “cookies” that are shared with your computer can’t be used to discover any personal information such as your name, address or email address. The anonymous non-personal information that we collect and analyse via “cookies” is not personal information as described in the Privacy Act.
(c)	We collect information using “cookies” and other tracking technologies for the following reasons:
(i)	to help us monitor the performance of our Website so that we can improve the operation of the Website and the services we offer;
(ii)	to recognise your computer when you next visit our Website to provide personalised services to each user of our Website to make their navigation through our Website easier and more rewarding to the user; and
(iii)	to log the internet protocol address (IP address) of visitors to our Website so that we can work out the countries in which the computers are located.
(d)	If you are unhappy about having “cookies” sent to you, you can set your browser to refuse cookies or choose to have your computer warn you each time a cookie is being sent. However, if you turn your cookies off, our Website or some of our services may not function properly.
3.4	How do we store your information?
(a)	We use different technologies and procedures to help protect personal information from unauthorised access, loss, alternation, disclosure or use. Some of the safeguards we use are physical access controls, anti-virus software and access authorisation controls to where your personal information is held. Our commitment to data security means:
(i)	we have procedures to limit access to personal information within our organisation; 
(ii)	we use security measures and technologies within our organisation to protect your personal information; and 
(iii)	we use service providers that can establish that they have secure controls relating to software security, access security and network security, including where personal information is being transferred.
(b)	The Website is not hosted in Australia. For that reason, we transfer all data on the Website (including all personal information) to our hosting service provider in the United States of America. In addition, web traffic information we collect, such as data collected by Google Analytics may be stored overseas.
(c)	By submitting your personal information to us, you expressly agree and consent to the disclosure, transfer, storing or processing of your personal information outside of Australia. In providing this consent, you understand and acknowledge that countries outside Australia do not always have the same privacy protection obligations as Australia in relation to personal information. We will take steps to ensure that your information is used by third parties securely and in accordance with the terms of this Privacy Policy. 
3.5	How long do we keep your personal information?
We are obligated to keep certain personal information for a minimum period of 7 years. However, we will take steps to de-identify or delete any personal information once it is no longer necessary and/or we are no longer obligated to keep it.
3.6	What use do we make of your personal information?
(a)	Provision of services:
(i)	Handling customer enquiries;
(ii)	Opening files;
(iii)	Preparing documents;
(iv)	Communicating with you;
(v)	Referrals to third party service providers;
(vi)	Receiving and processing trust monies;
(vii)	Receiving and processing payments; and
(viii)	Debt collection.
(b)	After-sale services:
(i)	Returning excess trust monies; and
(ii)	Sending off-risk correspondence.
(c)	Marketing and consumer analytics:
(i)	Providing you with information regarding services or events that may be of interest to you;
(ii)	Improving our services (including contacting you about those improvements and asking you to participate in surveys and reviews about our products and services); and
(iii)	Marketing and promotional activities by us (including by direct marketing by email, SMS and MMS messages).
(d)	Events, competitions and promotions, and social media: 
(i)	Responding to social media messages; and
(ii)	Fulfilling social media platform rules.
(e)	General administrative and security use:
(i)	Protecting the Website from security threats, fraud, or other criminal activities;
(ii)	Administration and management of Tarr Law;
(iii)	Maintenance and development of our Services, business systems and infrastructure; and
(iv)	Customer service and quality assurance.
(f)	Background checks for employment applications with us: 
(i)	Assessing candidate suitability for role;
(ii)	Verification of candidate identity and age;
(iii)	Conducting:
•	bankruptcy and directorship searches and company checks;
•	Social media activity background checks including publicly available information including Facebook, Twitter, Instagram, and YouTube; and
•	Criminal history background checks;
(iv)	Confirmation of eligibility to work in Australia;
(v)	Confirmation of education and qualifications;
(vi)	Confirmation of previous employment; and
(vii)	Consideration regarding medical leave.
(g)	Administration and performance monitoring of employees, whether or not the employment or contractor relationship is prospective, current or past: 
(i)	Dealings related to the employer/employee relationship or the contractor/principal relationship (as the case may be);
(ii)	Facilitating any purchase of any products or services and associated staff discounts; and
(iii)	Monitoring systems, performance and time, and internet usage.
3.7	To whom will we disclose your personal information?
(a)	Agents and subcontractors engaged by us to assist in the provision of our products and services to you.
(b)	Our third party partners, including advertising agencies, digital advertising networks (for example Google and Facebook).
(c)	Service providers (including IT service providers).
(d)	Third parties connected with the sales and after sales process including, payment platform providers, financial institutions, credit service providers, credit reporting bodies, and any third party providers who provide us with ecommerce services, or who assist us in providing our products and services to you.
(e)	Third parties connected with the marketing process, including messaging service providers, marketing list providers or third parties who assist us in providing our products and services to you.
(f)	For employees or prospective employees:
(i)	A relevant superannuation fund.
(ii)	The Australian Taxation Office.
(iii)	Relevant Worker’s Compensation organisation(s) (e.g. WorkCover).
(iv)	Third party referees provided by you in connection with an application for employment with us.
(v)	Recruitment agents used in connection with an application for employment with us.
(vi)	Third party parties in connection with obtaining any background checks, pre-employment screening or loss prevention consultation and implementation programs.
(vii)	Financial institutions for payroll purposes.
(g)	Any other person when we believe release is appropriate to comply with the law, enforce our subscription agreements, these Terms and Conditions, or protect ours or others’ rights, property, or safety.
3.8	Direct Marketing
(a)	You give your express and informed consent to us using your personal information to provide you with information and to tell you about our products, services or events or any other direct marketing activity (including third party products, services, and events) which we consider may be of interest to you, whether by post, email, SMS, messaging applications and telephone (Direct Marketing Communications). In addition, we may send you occasional company news and information about other products and services or special promotional offers of our affiliated companies. If at any time you would like to stop receiving future commercial messages from us, you may do so by using the “unsubscribe” facility included in the Direct Marketing Communication.
3.9	The Notifiable Data Breaches Scheme 
(a)	In accordance with the NDB scheme, we will notify you and the Office of the Australian Information Commissioner (OAIC) about any ‘eligible data breaches’ that affect you. An eligible data breach occurs when the following criteria are met: 
(i)	There is unauthorised access to or disclosure of personal information held by an entity (or information is lost in circumstances where unauthorised access or disclosure is likely to occur). 
(ii)	This is likely to result in serious harm to any of the individuals to whom the information relates. 
(iii)	The entity has been unable to prevent the likely risk of serious harm with remedial action. 
(b)	If it is not clear if a suspected data breach meets these criteria, we will conduct an investigation to determine whether the breach is an ‘eligible data breach’ that triggers notification obligations.
3.10	How can you access the personal information that we collect?
(a)	We are happy to provide you with details of personal information held about you. 
(b)	To access this information, you need to email us at hayley@tarrlaw.com.au. 
(c)	If you are concerned that any personal information held about you is inaccurate, out of date, incomplete, irrelevant or misleading you need to email us at hayley@tarrlaw.com.au and we will take reasonable steps to correct the personal information held about you.
(d)	If you believe that your personal information has been misused, you need to email us at hayley@tarrlaw.com.au and we will attempt to resolve your complaint. If you are not satisfied with the outcome of your complaint you may refer the matter to the Office of the Australian Information Commissioner (OAIC). Telephone: 1300 363 992. Email: enquiries@oaic.gov.au. OAIC complaints page: http://www.oaic.gov.au/privacy/privacy-complaints
.
3.11	Referrals
(a)	We may refer you to attorneys, solicitors, accountants, barristers, mediators, and other professionals from time to time.
(b)	In suggesting or referring to any service provider, we shall rely on information we are given as to the qualifications of the person but take no responsibility for that selection and give no warranty as to the ability of the service provider to appropriately carry out the task or as to the quality of that service provider's work. 
(c)	We make no warranty that they will meet any deadline, achieve any outcome, or adhere to any fee estimates, and take no responsibility for their work or how they carry out their instructions.
(d)	You agree that you will conduct your own due diligence regarding any service provider you engage, and that you accept full responsibility for engaging that service provider.
(e)	You release us from any liability relating to any act or omission of any service provider suggested or referred by us.
(f)	To the extent that our liability for any act or omission of any service provider engaged or referred by us cannot be disclaimed or released by you, and for any liability expressly accepted by us in this clause, our liability is limited to the amount in professional fees (excluding disbursements and GST) paid to us by you in the matter prior to the date the liability arose.
(g)	You acknowledge and agree that we may receive a referral fee from any service provider.
4	General
4.1	Waiver
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
4.2	Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
4.3	Severance
If any part of these Terms and Conditions are found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms and Conditions and the severed part will not affect the validity and enforceability of any remaining provisions.
4.4	Dispute Resolution
The parties agree to make reasonable attempts to resolve all disputes relating to these Terms and Conditions via direct communication at first instance. In the event that the parties are unable to resolve any dispute via direct communication, the parties agree to attempt to resolve the dispute with the assistance of a mediator accredited through the Queensland Law Society, with the cost of mediation to be split equally between the parties.
4.5	Jurisdiction
(a)	These Terms and Conditions will be governed by and interpreted in accordance with the laws of Queensland, Australia, without giving effect to any principles of conflicts of laws.
(b)	You agree to the jurisdiction of the courts of Queensland, Australia to determine any dispute arising out of these Terms and Conditions.