Please read these terms carefully as they will govern all electronic communications between us and you, except to the extent that we agree otherwise in writing.
By storing, copying, relying upon or otherwise using any electronic communication, you acknowledge and agree that:
Our electronic communications are confidential and must not be copied, forwarded or distributed without our permission. The information contained in our electronic communications must not be used for any purpose other than the purposes for which it was intended. If those purposes are not clear to you, then you should seek our consent before using the information for any particular purpose.
Opinions and representations contained in an electronic communication are the opinions and representations of the author of that communication and not our views, except where clearly indicated to the contrary.
You acknowledge that you may rely on electronically transmitted advice or documents when:
the advice is confirmed by letter signed by a Partner the document has been confirmed and checked against a hard copy of that document provided by Nexia Edwards Marshall
It is possible that our electronic communications (including any attached files) may include harmful material that manifests contaminating, destructive or damaging properties ("viruses"). You should ensure that all electronic communications received from us (and in particular, any files attached to electronic communications) are scanned upon receipt to ensure that they are free from viruses. You acknowledge that we can not and do not warrant or guarantee that you will not receive viruses from us.
Unauthorised access and faults in computer networks can and do occur which may result in the corruption, alteration, non-delivery, incorrect delivery or loss of electronic communications.
Subject to paragraph 6 below, we will not be liable for any loss or damage (including, without limitation, direct, indirect, punitive, special, consequential damages, lost profits, lost savings, lost data or business interruption) arising directly or indirectly from our electronic communications or as a result of anything done or omitted to be done by any person in whole or partial reliance on all or any part of any electronic communication from us, whether based on contract, tort, statute, common law, equity or any other legal theory and whether or not we have been advised of the possibility of such damages.
If any warranty or condition is implied by the Trade Practices Act or other relevant legislation which can not be excluded by agreement, then our liability is limited to the resupply of the electronic communication.
These Terms are governed by and are to be construed in accordance with the laws of the State of South Australia, without giving effect to any principles of conflicts of law. Any legal proceedings arising out of or in connection with the use of any electronic communication must be commenced in the appropriate court in the State of South Australia.
If any provision of these Terms is unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions.
We may revise these Terms from time to time by updating this document. You agree to be bound by such revisions and you should therefore regularly revisit our web page at www.edwardsmarshall.com.au/email.htm or contact us to review the then current Terms.
In these Terms, references to "we", "our" or "us" are references to each and all of Nexia Edwards Marshall, its principals, officers, related entities, employees, agents and contractors. References to "you" are references to each recipient of our electronic communications.