LEGAL STATEMENT, PRIVACY, TERMS AND CONDITIONS
The following Legal and Privacy Statement alongside Terms and Conditions of this website (www.lipmanjames.com) are detailed in respect to; Lipman James Pty Ltd ACN 107 697 174 in Australia and in New Zealand; Lipman James (NZ) Limited CN 1663835 (thereafter referred to as; Lipman James).

PRIVACY STATEMENT
Lipman James has created this statement in order to demonstrate our firm commitment to privacy. The following discloses our privacy, information gathering and dissemination practices.

GENERAL PRIVACY POLICY - NATIONAL PRIVACY PRINCIPLES (NPP)
The National Privacy Principles established in Australia by the Privacy Act 1988 (Cth) (Privacy Act) apply to Lipman James as do the Privacy Principles established in New Zealand by the New Zealand Privacy Act 1993.

INFORMATION COLLECTION AND USE
Lipman James will collect and store your personal or entity information in order to provide you with a service you have asked us to provide. Lipman James will not use personal information for purposes beyond those deem necessary in the normal course of business.

Personal client data and information gathered for the creation of the database is for the sole use of Lipman James. The Lipman James database is private and confidential. The database will not be passed to any third party by Lipman James without the express permission of the client, unless it is necessary to pass on this information in order to provide a service that you have asked us to provide (see section: General Provisions). Lipman James does not share, store or use identifiable personal information for any secondary purposes unless required to do so by law.

TYPE OF PERSONAL INFORMATION HELD
Lipman James may request personal information from you in order to provide a service that you have asked us to provide. Personal information that we collect and hold usually falls into the following category: client information submitted and obtained in connection with professional matters, cases and/or services e.g. name, entity, address, employment details, including if required, pecuniary information e.g. financial statements, entity details, credit card data (if offered by you for payment) etc.

SENSITIVE PERSONAL DATA
We may collect sensitive personal data intentional or incidentally. By providing us with solicited and unsolicited sensitive personal data, you consent to our using the data subject to applicable law as described in this notice. The references to sensitive personal data are to the various categories of personal data identified by ancillary data privacy laws as requiring special treatment, including in some circumstances the need to obtain explicit consent.

Given the nature of the work undertaken by Lipman James, sensitive personal data categories we collect may comprise visae, employment and work permit categories, citizenship, residency or refugee status, exclusion, removal or deportation orders issued by a government or legislative authorities, personal identity numbers, personal data about personality and private life, racial or ethnic origin, colour, nationality, political opinions or convictions, membership of political parties or movements, religious, philosophical or other similar beliefs, trade union membership, physical or mental health or handicap, genetic code, addictions, gender, sexual life (including sexual orientation), pregnancy, property matters and real estate ownership, penal or criminal conviction or criminal record (including where a pardon has been granted).

As the nature of the work undertaken by Lipman James has both national and global perspectives, where necessary data collected may be transferred domestically and/or internationally between ourselves and others. Whilst Lipman James take steps to maintain the security of lipmanjames.com, you should understand that the open nature of the internet is such that data may flow over networks without security measures and may be accessed and used by people other than those for whom the data is intended.

PURPOSES FOR WHICH WE HOLD PERSONAL INFORMATION
We primarily hold personal information for principal and associated professional matters, cases and/or services.

DISCLOSURES
We may disclose your personal information for the purposes for which it is primarily held as stated above, or for a related secondary purpose. In some cases we may only disclose information with your consent. We may disclose your personal information where we are under a legal obligation to do so, including circumstances where we are under a lawful duty of care to disclose information.

INQUIRIES AND COMPLAINTS
You can make further inquiries about our privacy policies to our Privacy Co-ordinator whose contact details are; Privacy Co-ordinator, Lipman James Level 5, 11 Queens Road Melbourne Victoria 3004 Australia, Telephone: +61 3 8530 7048 or E-mail: privacy@lipmanjames.com If necessary, you can also make a complaint to the Office of the Federal Privacy Commissioner in Australia or the Office of the Privacy Commissioner in New Zealand.

ACCESS
Subject to a number of exceptions which are set out in the Australian National Privacy Principles Act 1998 and the New Zealand Privacy Act 1993, you can gain access to the personal information that we hold about you. Lipman James will refuse access if it interferes with the privacy rights of other persons, or if it breaches any confidentiality that is attached to that information. If you wish to obtain access to your personal information you should contact our Privacy Co-ordinator. You will need to be in a position to verify your identity. Our Privacy Co-ordinator would discuss these with you. You should also anticipate that it may take a little time to process your application for access as there may be a need to retrieve information from storage and review information in order to determine what information may be legally provided.

GENERAL PROVISIONS
The Lipman James privacy statement and agreement is governed by the laws in force in Victoria, Australia and in New Zealand respectively. You irrevocably submit to the non-exclusive jurisdiction of the Courts of Victoria and Courts of Appeal in Australia and/or the Courts of New Zealand and Courts of Appeal from them and/or any relevant tribunals for determining any dispute concerning this agreement. Lipman James may legally assign any of our rights and obligations under this agreement at any time by giving you notice.

CONTACTING THE LIPMAN PRIVACY CO-ORDINATOR:
If you have any questions about the Lipman Jams privacy statement, please e-mail the Privacy Co-ordinator at privacy@lipmanjames.com

WEBSITE

ABOUT THE LIPMAN JAMES WEBSITE:
This facility, www.lipmanjames.com is the website of Lipman James Pty Ltd ACN 107 697 174 in Australia and Lipman James (NZ) Limited CN 1663835 in New Zealand (thereafter referred to as Lipman James). You may have the ability to enter into transactions directly with Lipman James and/or certain parties whose content appears on the site. You acknowledge that third parties provide some of the material accessible through the facility, and Lipman James is not responsible for this material.

As such, Lipman James may use a customer IP address to administer the website for statistical purposes and to create a database. We also may also use cookies to store the user's name and password for future visits to the website. Various on-line processes requests may require users to give us contact information (eg. name and e-mail address etc). We use client contact information for commercial reasons (such as contacting the client when necessary).

This site may contain links to other sites. Lipman James is not responsible for the privacy practices or the content of such websites.

GENERAL PROVISIONS:
This agreement is governed by the laws in force in Victoria, Australia and in New Zealand respectively. You irrevocably submit to the non-exclusive jurisdiction of the Courts of Victoria and Courts of Appeal in Australia and/or the Courts of New Zealand and Courts of Appeal from them and/or any relevant tribunals for determining any dispute concerning this agreement. Lipman James may legally assign any of our rights and obligations under this agreement at any time by giving you notice. Your use of this website and any on-line facilities such as inquires or requests are subject to the following terms and conditions. Your use of the website or any of its content signifies your acceptance of these terms and conditions:

  1. Ownership, Copyright and Trade Marks:
    All title, ownership rights and intellectual property rights, including copyright, rest with Lipman James, and any unauthorised use is strictly prohibited.


  2. Accuracy of Information and Limitation of Liability:
    Lipman James does not endorse or recommend any particular third party represented on this website. Lipman James has taken steps to ensure that the content of this website, including all information and listings is correct, but it is subject to amendment at any time without notice. As a user of this website, you acknowledge and accept that:

    Lipman James can not verify the accuracy, completeness or suitability for any particular purpose of (and has not done so), any information or content that is provided by third parties. That information or content may include errors, omissions or other inaccuracies. To the extent permitted by law, Lipman James will not be responsible for any errors, omissions or misleading information. You agree to make your own evaluation of the suitability, accuracy and completeness of any information, opinion, advice or other content that is available on or through the website before you rely upon it.

    You are solely responsible for the suitability of any third party service. In particular, Lipman James are not liable for any loss, damage, inconvenience or liability that is caused or incurred as a result of your use of any such services whether alone, or in association with other services. To the maximum extent permitted by law, Lipman James disclaims all liability for any technical errors, corruption of any data, unauthorised access to your personal data, inaccuracies in information supplied by third parties where that failure is due to circumstances beyond its control.


  3. Warranties:
    To the maximum extent permitted by law, Lipman James disclaims any warranties, assurances or promises, express or implied, regarding this website and any service or facilities that it provides.


  4. Use of an On-line Facility:
    Lipman James accordingly accepts no responsibility or liability for any misunderstanding, error, loss, damage, or inconvenience whatsoever and howsoever caused in respect of any inquiry and/or request made through an on-line facility. You agree that you will carefully check, and correct any mistakes in, any inquiry and/or request that you make through an on-line facility.


  5. Use of Your Information:
    As the user of this website and any service or facility, you agree and consent that Lipman James may use your contact information (i.e. your name, e-mail and physical / postal address and/or other contact details) for commercial purposes either directly or indirectly connected with your request.


  6. Indemnity:
    As a condition of your use of this website you agree to indemnify Lipman James from and against any liability, damage or loss that Lipman James incurs or suffers as a result of any action, inaction or omission on your part.


  7. Your Responsibility:
    By making a request through the website, you warrant to Lipman James that you are at least eighteen years old. You must read the specific terms and conditions and convey all information set out in those terms and conditions to Lipman James and any other parties covered by any request you make.
    You must not use the service for any activities that breach any laws, infringe any party's rights, or breach any standards, content requirements or codes promulgated by any relevant authority. You must not use the service in any way, which interferes with other users or defames, harasses or menaces anyone. You indemnify Lipman James from and against all actions, claims, suits, demands, liabilities, costs or expenses arising out of or in any way connected to use of the service by you or any other person including using a membership identification or password you may subsequently supply, utilise or receive.
    You acknowledge that copyright subsists in all software, including HTML code, provided on, by or in association with the website. You must not modify, copy, transmit, display, perform, publish, license or create derivative works from any information or software accessed by means of the website without the express permission of Lipman James. Where copying or transmission is expressly permitted, you must not change or delete any author attribution or copyright notice
SPECIFIC TERMS AND CONDITIONS:
  1. Fees, Charges or Services:
    Certain charges, fees and/or services displayed on the website may, or may not include Australian or New Zealand Goods and Services Taxes (GST) and/or any additional charges. Inquiries made through the website also constitute a request, and the correctness of this request in regards to abiding by the rules and regulations of Lipman James is the responsibility of you.

  2. Lipman James does not guarantee fees or charges quoted until a request is confirmed by Lipman James. You are hereby advised Lipman James reserves the right to alter, change, delete or amend charges, fees and/or services without notice.

  3. Credit Card Transactions:
    Credit card transactions may incur merchant fees or service fees on certain services. If so, charges will be advised to you. Lipman James accepts no responsibility for any breaches of security or misrepresentation in relation to credit card transactions. It is your responsibility to inquire prior to payment in regard to these fees.


  4. Liability:
    Lipman James does not accept responsibility for any service or conditions that are incorrectly represented within this system. The data and services shown are provided in good faith and 'as is'. Lipman James do not warrant the accuracy, completeness, or fitness for a particular purpose of any data or services provided and to the maximum extent permitted by any law disclaimer all implied warranties in connection with such data or services. In no event shall Lipman James be liable for any injury, loss, claim, damage or any incidental or consequential damages, including but not limited to lost profits or savings, arising out of or in any way connected with the use of any display within the website.


  5. Cancellation Fees, Charges and/or Refunds:
    Certain charges and/or fees may be payable in respect of transactions entered into using the service. These transactions may include cancellation fees and charges imposed, or the application of any applicable Lipman James refund policy enforced. Before entering into a transaction, the onus is on you to check carefully whether any cancellation fee, refund or charges applies. As such, you are bound by any Lipman James refund policy found in any document located on this website. You are hereby advised: Lipman James reserves the right to alter, change, delete or amend cancellation fees, charges and/or the Lipman James refund policy without notice.


  6. Terms of Business / Terms of Engagement:
    Please contact Lipman James in respect to obtaining a copy of the Terms of Business and/or the Terms of Engagement. These documents sets out the basis on which Lipman James will undertake matters, cases and/or provide professional services (known as service and/or services).


  7. Changes to Terms and Conditions:
    Lipman James reserves the right to change or modify all or any part of these terms and conditions at any time and without notice.


CONTACTING LIPMAN JAMES:
If you have any questions concerning the practices or your dealings with this website, please e-mail the Webmaster at webmaster@lipmanjames.com


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