Terms of Service | Baker Merz Construction Lawyers
Terms and Conditions of Website Use
Baker Merz Construction Lawyers — https://construction.lawyer
Last Updated: July 2025
Page URL: /terms-of-service/
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and Baker Merz Construction Lawyers (ABN 40 650 782 317), trading as Construction.Lawyer ("we", "us", "our", or "the Firm"), governing your access to and use of our website at https://construction.lawyer ("the Website").
By accessing, browsing, or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must immediately discontinue use. Your continued use constitutes ongoing acceptance of these Terms as they may be amended.
We reserve the right to modify, amend, or replace these Terms at any time without prior notice. Changes are effective immediately upon posting. The date of the last update appears at the top of this document. It is your responsibility to review these Terms periodically. Continued use after changes constitutes acceptance of the revised Terms. These Terms apply to all visitors and users regardless of jurisdiction.
2. No Solicitor-Client Relationship
2.1 No Relationship Formed by Website Use
It is critical that you understand that your use of this Website does not create a solicitor-client relationship between you and Baker Merz Construction Lawyers. Accessing, browsing, or downloading materials from this Website does not establish any form of legal engagement, retainer, or professional relationship. No solicitor-client relationship, fiduciary duty, or duty of care arises from your interaction with this Website, and we owe no duty of care to website visitors until formally engaged.
2.2 No Legal Advice Provided
All information, materials, articles, guides, and content on this Website ("Website Content") are provided for general informational purposes only and do not constitute legal advice. Website Content is not a substitute for professional legal advice tailored to your circumstances. No legal advice is provided via this Website, contact forms, email submissions, or any other channel. Any communication sent through the Website does not constitute a request for, nor provision of, legal advice.
2.3 Formation of a Solicitor-Client Relationship
A solicitor-client relationship is only established when: (a) we have expressly agreed to act for you; (b) we have provided a written costs disclosure and costs agreement in accordance with the Legal Profession Act 2007 (Qld); and (c) you have executed and returned the costs agreement, and we have confirmed acceptance in writing. Until all conditions are satisfied, no solicitor-client relationship exists.
2.4 No Confidentiality or Legal Professional Privilege
You must not send confidential or sensitive information through any Website contact forms or communication channels. Information submitted through the Website is not protected by legal professional privilege, and we owe no duty of confidentiality in respect of such communications. Legal professional privilege does not attach to communications made via this Website.
2.5 Limitation of Liability for Reliance
To the maximum extent permitted by law, we accept no responsibility for any loss or damage arising from your reliance on Website Content. Construction law is complex and subject to frequent change; no general information can adequately address your particular situation.
3. Intellectual Property
3.1 Ownership of Content
All content on this Website — including text, articles, graphics, logos, images, photographs, downloadable materials, software, page layouts, and design elements ("Website Content") — is the property of Baker Merz Construction Lawyers or its content suppliers and is protected by Australian and international copyright, trade mark, and other intellectual property laws. All such rights are reserved.
3.2 Trade Marks
The following marks are trade marks owned by or licensed to us: "Baker Merz Construction Lawyers", "Construction.Lawyer", and "We Get You Paid". These trade marks may not be used in connection with any product or service that is not ours, in any manner likely to cause confusion, or in any manner that disparages the Firm. All other trade marks on the Website belong to their respective owners.
3.3 Permitted Use
You may view, download, and print pages from the Website for your own personal, non-commercial use, provided you do not modify the materials and do not use illustrations, photographs, or graphics separately from accompanying text.
3.4 Prohibited Use
You must not: (a) republish material from the Website without prior written consent; (b) sell, rent, or sub-license Website Content; (c) exploit Website Content for commercial purposes; (d) redistribute material except where expressly permitted; or (e) systematically extract or re-utilise parts of the Website through scraping, data mining, framing, embedding, or automated means.
3.5 Linking to Our Website
You may link to our home page provided you do so fairly and legally and do not damage our reputation or suggest any association, approval, or endorsement where none exists. Links must not be from websites you do not own. We reserve the right to withdraw linking permission without notice. Framing or embedding any page of this Website within another website is strictly prohibited without our express prior written consent.
4. Use of Website
4.1 Permitted Uses
You may use the Website to: (a) view and read Website Content for personal, non-commercial purposes; (b) download materials we expressly make available, subject to any licence terms; (c) contact us through designated channels for general enquiries about our services; and (d) share links to Website Content via social media or email, provided such sharing does not misrepresent the Firm.
4.2 Prohibited Uses
You must not use the Website: (a) in any way that breaches applicable law or regulation; (b) for any unlawful or fraudulent purpose; (c) to transmit any material containing viruses, malware, or other harmful code; (d) to gain unauthorised access to, interfere with, damage, or disrupt the Website or connected servers; (e) to harvest or collect data about other users without consent; (f) to engage in automated data collection activities without our written consent; (g) to impersonate any person or misrepresent your identity; or (h) to send unsolicited promotional material (spam).
4.3 Access Restriction
We reserve the right to restrict, suspend, or terminate your access at any time without notice or liability, including for breach of these Terms.
4.4 Age Requirement
By using this Website, you warrant that you are at least 18 years of age. This Website is not intended for use by minors.
5. Disclaimers
5.1 Content Provided "As Is"
The Website and all Website Content are provided on an "as is" and "as available" basis without any representations, warranties, or conditions of any kind, whether express or implied. To the fullest extent permitted by law, we disclaim all warranties, representations, and conditions including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
5.2 No Warranty as to Accuracy or Completeness
We do not warrant that: (a) Website Content is accurate, complete, reliable, current, or error-free; (b) the Website will be available uninterrupted or error-free; (c) results obtained from using the Website will be accurate or reliable; (d) the quality of any products, services, or information obtained through the Website will meet your expectations; or (e) any errors will be corrected. Construction law changes frequently and Website Content may become outdated. We are under no obligation to update content.
5.3 No Warranty as to Security
We do not warrant that the Website, its servers, or any email from us are free of viruses or harmful components. You are responsible for maintaining your own anti-virus protection and data backup procedures.
5.4 Third-Party Links
The Website may contain links to third-party websites provided for your convenience. We have no control over, and assume no responsibility for, third-party content, privacy policies, or practices. We do not endorse or guarantee any third-party products or services. You access third-party websites at your own risk subject to their respective terms.
5.5 Testimonials and Case Studies
Any testimonials or case studies displayed represent genuine experiences of past clients but are provided for illustrative purposes only. They do not guarantee or predict outcomes of any legal matter. Every matter is unique, and past results do not guarantee future outcomes.
5.6 No Warranty as to Suitability
We make no representations that Website Content will meet your specific requirements. Your use of the Website is at your sole risk.
6. Limitation of Liability
6.1 Exclusion of Liability
To the maximum extent permitted by law, Baker Merz Construction Lawyers, its directors, principals, employees, agents, and affiliates ("the Relevant Parties") shall not be liable for any loss, damage, claim, cost, or expense (including legal fees) arising from: (a) your access to or use of, or inability to use, the Website; (b) reliance on Website Content; (c) errors, omissions, or inaccuracies in content; (d) unauthorised access to your data; (e) interruption or cessation of Website transmission; (f) viruses or malware transmitted through the Website; or (g) any technical failures or data breaches.
6.2 Limitation Where Liability Cannot Be Excluded
Where the Australian Consumer Law or other applicable consumer protection legislation applies and liability cannot be excluded, our liability is limited, at our option, to: (a) in the case of services, re-supply of the services or the cost of re-supply; (b) in the case of goods, replacement or repair of the goods or the cost thereof; or (c) in all cases, the amount (if any) paid by you in connection with the matter.
6.3 No Liability for Indirect or Consequential Loss
Under no circumstances shall the Relevant Parties be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, goodwill, business opportunity, or anticipated savings, whether or not we were advised of the possibility of such damages.
6.4 Survival and Non-Excludable Rights
These limitations apply regardless of the form of action and shall survive any termination. Nothing in these Terms excludes liability that cannot be excluded by law, including consumer guarantees under the Australian Consumer Law.
6.5 Limitations for US Visitors
If you are accessing this Website from the United States, some states do not allow the limitation of implied warranties or the exclusion of consequential damages, so the above limitations may not apply to you. Where such limitations are not permitted, our liability is limited to the fullest extent permitted by applicable state law. If any US state law is more protective, it shall apply to residents of that state.
7. Indemnity
You agree to indemnify, defend, and hold harmless Baker Merz Construction Lawyers and the Relevant Parties from any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from: (a) your use of the Website; (b) your breach of these Terms; (c) your violation of any third-party right, including intellectual property or privacy rights; (d) any content you submit to the Website; or (e) any negligent or wrongful act or omission by you in connection with your use of the Website.
You agree to cooperate fully in the defence of any claim. We reserve the right to assume exclusive defence and control of any matter subject to indemnification by you, and you shall not settle any matter without our prior written consent.
8. Third-Party Links and Content
8.1 Third-Party Websites
The Website may contain links to third-party websites provided solely as a convenience. These links do not constitute an endorsement, sponsorship, or recommendation by us of those third parties or their products or services.
8.2 No Control or Responsibility
We have no control over third-party websites and make no representations regarding their content, practices, or policies. We do not monitor, review, or verify third-party content.
8.3 Access at Your Own Risk
Your access and use of third-party websites is entirely at your own risk. You should review the terms and privacy policies of any third-party website you visit, as they may differ from ours. We accept no liability for any loss arising from third-party websites.
9. Jurisdiction and Governing Law
9.1 Governing Law
These Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of Queensland, Australia, and the Commonwealth of Australia.
9.2 Exclusive Jurisdiction
Any legal action or dispute shall be brought exclusively in the courts of Queensland, Australia, and you irrevocably submit to their exclusive jurisdiction. You waive any objection on grounds of venue or inconvenient forum.
9.3 International Visitors
If you access the Website from outside Australia, you are responsible for compliance with your local laws. Access may not be legal in all jurisdictions. Any disputes will be resolved in the courts of Queensland regardless of your location.
9.4 Electronic Transactions
Electronic communications via the Website are governed by the Electronic Transactions (Queensland) Act 2001 (Qld) and the Electronic Transactions Act 1999 (Cth).
9.5 Severability
If any provision is held invalid, void, or unenforceable, it shall be severed and the remaining provisions shall continue in full force and effect. Where possible, any invalid provision shall be read down to make it valid and enforceable.
10. US Visitors — Additional Terms
10.1 Preservation of Rights
If you are accessing this Website from the United States, these Terms do not limit or waive any rights you may have under US federal or state law, including consumer protection and privacy laws.
10.2 Language of Proceedings
Any arbitration or legal action involving a US resident shall be conducted in English.
10.3 Class Action Waiver
To the fullest extent permitted by law, any dispute shall be resolved only on an individual basis. You agree not to bring, join, or participate in any class action, collective action, or representative action against us. If a court determines this waiver is unenforceable as to any claim, that claim shall be severed and proceeded with individually.
10.4 Conflict of Laws
If any US-specific provision conflicts with Australian law, Australian law governs for non-US residents and for interpretation of these Terms as a whole. US-specific provisions apply only to US residents or persons accessing the Website from the United States.
10.5 California Residents
If you are a California resident, nothing in these Terms affects your rights under the California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA), or any other California state law. To the extent California law provides greater rights, those rights shall prevail.
11. Electronic Communications
By using the Website, you consent to receiving electronic communications from us, which may include notices about your use of the Website, updates to these Terms, and other information. We may communicate by email or by posting notices on the Website. You agree that all electronic communications satisfy any legal requirement that communications be in writing. You may withdraw consent by contacting us using the details below; however, this may limit your ability to use certain Website features.
12. Termination
We may terminate or suspend your access to the Website at any time, with or without cause or notice, effective immediately. Upon termination, your right to use the Website ceases immediately. All provisions that by their nature should survive termination — including intellectual property rights, disclaimers, limitation of liability, indemnity, and governing law — shall survive. We shall not be liable to you or any third party for any termination of access.
13. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published on the Website, constitute the entire agreement between you and us regarding your use of the Website and supersede all prior communications and agreements. No waiver of any provision shall be effective unless in writing signed by an authorised representative. Our failure to enforce any right does not constitute a waiver. If any provision is held invalid, the remaining provisions remain in full force and effect.
14. Contact Information
If you have any questions about these Terms, please contact us:
Baker Merz Construction Lawyers
ABN 40 650 782 317
Trading as: Construction.Lawyer
Address:
Suite 140, 167 Eagle Street
Brisbane QLD 4000
Australia
Email: info@construction.lawyer
Telephone: 1300 710 864
Please note that any communication sent to us does not create a solicitor-client relationship unless the formal engagement process described in Clause 2 is completed.
These Terms of Service were last updated in July 2025. We encourage you to review these Terms periodically for any changes.