WEBSITE USE TERMS AND CONDITIONS

Website Use Terms and Conditions

1)  About these Terms and Conditions

By using the Keely Boom website (ABN 11 217 706), (‘our website’), you understand and agree to be bound by these Website Use Terms and Conditions. We may modify these Website Use Terms and Conditions at our discretion without notice. Your continued use following any modifications constitutes acceptance of the modified Terms and Conditions. It is your responsibility to check this page periodically for changes.

Accessing or using this website does not create a solicitor-client relationship. 

2)  Website access and use

a)  Permission to use the website

We grant you a limited, non-exclusive, non-transferable right to access and use this website for your personal, non-commercial purposes, subject to your compliance with these Terms.

You must not use this website for any unlawful or unauthorised purpose.

b)  Prohibited conduct

You must not use this website to:

 i.  breach any applicable law or regulation;

 ii.  send spam, bulk communications, or unsolicited promotions;

 iii.  interfere with, disrupt, or damage the website, servers, or networks;

 iv.  bypass or attempt to bypass security or access controls;

 v.  upload, transmit, or introduce malicious code, viruses, or harmful data;

 vi.  attempt to gain unauthorised access to restricted areas, systems, or data;

vii.  reverse engineer, decompile, or otherwise attempt to extract source code;

viii.  use automated tools, scripts, scraping software, bots, or similar technologies;

 ix.  test the vulnerability of the website or any associated network;

 x.  harass, threaten, defame, or harm others; or

 xi.  collect, harvest, or misuse personal information of other users.

We reserve the right to take reasonable steps to restrict or suspend access where misuse is identified.

The website is intended for use by individuals who are at least 18 years old. By using the website, you represent and warrant that you are at least 18 years old. If you are under 18 years old, you may only use the website with the involvement and consent of a parent or legal guardian.

c)  Website availability

We do not guarantee that the website will be available, uninterrupted, timely, secure, or error-free.

Access to the website may be suspended or limited from time to time due to maintenance, technical issues, system upgrades, or events beyond our reasonable control.

3)  Legal information and professional relationship

a)  General information only

All content on this website is provided for general information purposes only. It does not constitute legal advice and is not intended to address your specific circumstances. The law may change, and information on this website may not reflect the most current legal developments.

You should seek independent legal advice before acting or relying on any information contained on this website.

b)  No lawyer–client relationship

Accessing this website, submitting an enquiry, booking an appointment, or providing information through online forms does not create a lawyer–client relationship. 

A solicitor-client relationship is created only when:

 i.  we confirm acceptance of your instructions in writing; and

 ii.  any required costs disclosure or costs agreement is provided in accordance with the Legal Profession Uniform Law (NSW).

4)  Confidentiality and privilege

Communications made through this website, including enquiries submitted via online forms or email, are not confidential and are not protected by legal professional privilege.

While we take reasonable steps to protect the privacy of communications received through the Website, you acknowledge and agree that:

 i.  communications transmitted via the internet are not completely secure;

 ii.  there is a risk that such communications may be intercepted, accessed, delayed, lost, or altered by third parties; and

 iii.  we cannot guarantee the confidentiality, integrity, or security of information transmitted through the Website.

You should not include sensitive, confidential, time-critical, or privileged information in any initial enquiry submitted through the Website. Any discussion of confidential matters should occur only after a formal lawyer–client relationship has been established in writing.

5)  Enquiries submitted through the website

We will use reasonable efforts to review and respond to enquiries submitted through the Website. However, we do not guarantee:

 i.  that we will respond to every enquiry;

 ii.  any particular timeframe for a response; or

 iii.  that any specific lawyer will respond to your enquiry.

We reserve the right, at our sole discretion, to decline to respond to or accept any enquiry or request for services, including following a conflict check or capacity assessment.

6)  Use of information provided in enquiries

By submitting an enquiry through the Website, you consent to our use of the information provided for the following purposes:

 i.  responding to your enquiry;

 ii.  conducting conflict checks;

 iii.  internal administration and record-keeping;

 iv.  improving our Website, systems, and services; and

 v.  any other purpose consistent with these Terms and Conditions and our Privacy Policy.

Any Personal Information provided will be handled in accordance with these Terms and Conditions and our Privacy Policy.

7)  No obligation to retain enquiry information

We do not assume any obligation to retain, preserve, or maintain information submitted through the Website, including enquiry communications, beyond the period reasonably required to consider and respond to the enquiry, or as required by applicable law.

8)  Prohibited content

You must not submit any enquiry or communication through the Website that:

 i.  is unlawful, misleading, harmful, threatening, abusive, harassing, defamatory, obscene, offensive, or otherwise objectionable;

 ii.  impersonates any person or entity or misrepresents your identity or affiliation;

 iii.  contains viruses, malware, or other code intended to interfere with or compromise the operation or security of the Website; or

 iv.  breaches any applicable law or regulation.

We reserve the right to remove, disregard, or report any such communications.

9)  Electronic communications

By using the Website and submitting enquiries, you consent to receiving communications from us electronically, including by email or other digital means, in connection with your enquiry or our services.

10) Past results

Any reference to past results, case outcomes, or examples on this website is for illustrative purposes only.

Past results do not guarantee future outcomes. Legal matters depend on their specific facts, applicable law, evidence, and procedural context, all of which may differ between cases.

11) Communications and bookings

Appointments may be booked through our website using an online booking system. Initial client intake information may also be provided through a secure online form. These tools are designed to streamline administrative processes and assist us in assessing whether we are able to act for you.

Time slots shown are subject to availability and confirmation

We reserve the right to decline or reschedule appointments

While we take reasonable steps to ensure that our online booking and intake systems are secure, no system is entirely risk-free. If you have concerns about providing information online, you may attend our office in person to complete intake processes or discuss next steps.

12) Intellectual property

a)  Ownership

Unless otherwise stated, all content on this website (including but not limited to text, images, graphics, logos, icons, audio, downloads, data, and software) is owned by us or licensed to us and is protected by intellectual property laws.

c)  Permitted use

You may view, download, or print website content for personal, non-commercial use or internal business reference only.

Any other use (including reproduction, modification, distribution, publication, or commercial use) requires our prior written consent.

d)  Trademarks

All trademarks appearing on this website belong to their respective owners and may not be used without permission.

13) Third-party links and content

This website may contain links to third-party websites or resources for convenience or information. We do not control, endorse, or accept responsibility for the content, accuracy, or availability of those websites.

Accessing third-party websites is at your own risk, and their terms and privacy policies apply.

14) Case studies, testimonials and social media

a)  Case studies and testimonials

Any case studies or testimonials:

 i.  relate to real matters;

 ii.  have been anonymised to protect confidentiality; and

 iii.  are provided for information only.

They do not constitute legal advice or a promise of similar results.

b)  Social media

Interactions via social media platforms do not create a lawyer–client relationship.

Information shared on social media is public, not confidential, and not legally privileged. Any responses are general in nature and do not constitute legal advice.

We reserve the right to moderate, ignore, remove, or decline to engage with social media communications at our discretion.

15) Privacy

We collect and handle personal information in accordance with applicable privacy laws.

We may collect personal information including:

 i.  name, contact details and identification information;

 ii.  information relevant to legal matters;

 iii.  sensitive information (where necessary and permitted by law);

 iv.  billing and payment information.

We collect personal information:

 i.  directly from you;

 ii.  from third parties with your consent or as authorised by law;

 iii.  through our website, email, phone or in person.

We collect personal information to:

 i.  provide legal services;

 ii.  communicate with you;

 iii.  comply with legal and professional obligations;

 iv.  manage billing, trust accounting and administration.

We may disclose personal information to:

 i.  barristers, experts and consultants;

 ii.  courts, tribunals and government agencies;

 iii.  Legal Aid NSW (where applicable);

 iv.  IT and service providers supporting our practice.

We do not sell personal information.

Some service providers may store data overseas (e.g. cloud services). Where this occurs, we take reasonable steps to ensure compliance with Australian privacy obligations.

16) Data security

We take reasonable technical and organisational measures to protect Personal Information from misuse, loss, unauthorised access, modification, or disclosure.

However, you acknowledge that no method of transmission over the internet or electronic storage is completely secure. While we endeavour to use commercially reasonable safeguards to protect Personal Information, we cannot guarantee absolute security.

17) Third-party websites and services

The Website may contain links to third-party websites, platforms, or services for your convenience. We do not control, endorse, or accept responsibility for the content, security, or privacy practices of those third parties.

We encourage you to review the terms and privacy policies of any third-party websites or services before providing Personal Information or using those services.

18) Cookies and similar technologies

We use cookies and similar technologies to enhance Website functionality, analyse usage patterns, and improve user experience.

By using the Website, you consent to the use of cookies in accordance with our Cookie Policy, which forms part of these Terms and Conditions.

19) Data Retention

We retain Personal Information only for as long as reasonably necessary to fulfil the purposes for which it was collected, including to comply with legal, regulatory, accounting, or reporting obligations, or to resolve disputes.

When Personal Information is no longer required, we will take reasonable steps to securely delete or de-identify it in accordance with our data retention policies and applicable law.

20) Your privacy rights

You may have certain rights in relation to your Personal Information under Australian privacy law, which may include the right to:

 i.  access and obtain a copy of your Personal Information;

 ii.  request correction of inaccurate or incomplete Personal Information;

 iii.  request deletion of Personal Information in certain circumstances;

 iv.  object to or request restriction of the processing of Personal Information in certain circumstances;

 v.  request data portability where applicable; and

 vi.  withdraw consent where processing is based on consent.

To exercise these rights or to make a privacy-related enquiry or complaint, please contact us first.

If unresolved, you may lodge a complaint with the Office of the Australian Information Commissioner (OAIC).

21) Changes to privacy practices

We may update our privacy practices and this section from time to time to reflect changes in law, technology, or our business operations.

We encourage you to review this section and our Privacy Policy periodically. Your continued use of the Website following any changes constitutes acceptance of the updated terms, to the extent permitted by law.

22) Cooperation with authorities

We may disclose information relating to your use of the Website where required or authorised by law, including in response to any lawful request, subpoena, court order, or direction from a regulatory or law enforcement authority.

To the extent permitted by law, you acknowledge and agree that we are not liable for any loss, damage, or claim arising from any disclosure made in good faith in compliance with such legal obligations or requests.

23) Client Portal

a)   Access and security

Access to the client portal is provided exclusively to current clients. You are responsible for maintaining the confidentiality of your login credentials and must not share your login details with anyone.

You must notify us immediately if you become aware of any unauthorised access to your portal account. We may suspend or terminate your portal access at our discretion, including for security reasons or if you are no longer an active client.

b)  Portal usage

The client portal is provided solely for the purposes of managing your matter and accessing documents related to our services. You are responsible for all activities conducted under your login credentials. Documents uploaded must be free from viruses, malware, or other harmful software. We may impose limits on file types and sizes that can be uploaded to the portal.

While we aim to maintain access, portal availability is not guaranteed and may be interrupted for maintenance, updates, or other technical reasons.

c)  Document uploads

Documents uploaded through the portal are not considered received until we confirm receipt. You should retain original copies of all documents unless advised otherwise by us. We may delete documents from the portal after the completion of your matter, in accordance with our data retention policies. Confidential or sensitive information should be shared through the portal rather than email wherever possible.

d)  Communication via portal

Messages sent through the portal are not monitored 24/7. Urgent matters should be communicated by telephone. We do not guarantee specific response times for portal communications. All portal messages and uploaded documents are stored and form part of your official client file.

e)  Data retention

Portal data may be retained in accordance with our data retention policies and applicable legal requirements.

You may request deletion of portal data, subject to our legal and regulatory obligations. Inactive portal accounts may be archived or deleted at our discretion. We recommend downloading and saving important documents before your matter is completed or portal access is deactivated.

24) Disclaimers and limitation of liability

a)  No warranties

To the maximum extent permitted by law, this website and its content are provided on an “as is” and “as available” basis. We make no representations or warranties as to accuracy, completeness, reliability, timeliness, or suitability of website content. We may update, change, or remove content at any time without notice.

b)  Limitation of liability

To the extent permitted by law, we are not liable for any loss or damage arising from:

 i.  use of or reliance on this website or its content

 ii.  inability to access the website

 iii.  errors, omissions, or delays in content

 iv.  third-party websites or services linked from this website.

This includes direct and indirect loss, loss of data, business interruption, or reputational harm.

c)  Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any rights or remedies available under the Australian Consumer Law. Where liability cannot be excluded, our liability is limited (at our option) to re-supply of the services or payment of the cost of re-supply.

25) General

a)  Governing law

These Terms are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of NSW courts.

b)  Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions remain in full force.

c)  Changes

We may modify these Terms or the website at any time. Continued use of the website constitutes acceptance of the updated Terms.

d)  Entire agreement

These Terms constitute the entire agreement between you and us regarding use of this website.