1. Acceptance
These Terms and Conditions (“Terms”) govern your access to and use of the website at benwaldeck.com (the “Website”). By accessing or using the Website, you agree to these Terms. If you do not agree, please do not use the Website.
If you use the Website on behalf of an organisation, you confirm that you are authorised to accept these Terms on its behalf.
2. Definitions
- “We”, “us” and “our” means Ben Waldeck.
- “You” and “your” means the person or organisation accessing or using the Website.
- “Content” means all text, graphics, images, designs, software, code, data and other material on the Website.
- “Consumer Laws” means any law that confers rights on consumers that cannot lawfully be excluded, including those described in section 11.
3. No legal advice
The Content is general information only. It is not legal, financial, tax, regulatory or other professional advice, and it does not take into account your circumstances or the law of your jurisdiction. Laws differ between countries, states and provinces, and change over time. You should obtain advice specific to your circumstances before acting or refraining from acting on anything on the Website.
Your use of the Website, your communications with us through it, or our response to an enquiry do not create a lawyer–client, solicitor–client, attorney–client or other professional relationship. Such a relationship arises only when a written engagement has been agreed with Rubicon Law.
Ben Waldeck is an Australian lawyer. Nothing on the Website is an offer to provide legal services in any jurisdiction where doing so would be unlawful or where he is not authorised to practise. Where advice on the law of another jurisdiction is required, it may be obtained from, or in conjunction with, suitably qualified local practitioners.
4. Legal services and consulting services
Legal services. Legal services are provided only through Rubicon Law, where Ben Waldeck is Special Counsel, and only under Rubicon Law’s terms of engagement. Those terms, and not these Terms, govern any legal services.
Consulting services. Consulting services, including enterprise systems architecture, operational process design and related services, are not legal services and do not give rise to legal professional privilege. They are provided only under a separate written agreement, which will prevail over these Terms to the extent of any inconsistency.
5. Enquiries and communications
Please do not send confidential, privileged, sensitive or time-critical information through the Website’s contact form or by unsolicited email. Until an engagement is agreed and any conflict checks are completed, we may be unable to treat information you send as confidential, and receiving it will not prevent us or Rubicon Law from acting for another party, including a party whose interests are adverse to yours.
Sending an enquiry does not oblige us to respond or to accept an engagement. Limitation periods and other deadlines may apply to your matter; do not delay seeking advice while waiting for a response.
6. Advertising and prior results
In some jurisdictions, including certain US states, the Website may be considered attorney advertising. Descriptions of representative experience, prior matters and testimonials are provided for general information. Prior results do not guarantee a similar outcome, and every matter depends on its own facts. Testimonials reflect the individual views of the persons giving them.
7. Use of the Website
You may use the Website for lawful purposes only. You must not:
- use the Website in breach of any applicable law or regulation;
- attempt to gain unauthorised access to the Website, its servers or any connected system;
- introduce viruses, malware or other harmful code, or interfere with the Website’s operation or security;
- use automated tools to scrape, harvest or extract Content or data, including for training machine learning or artificial intelligence models, without our prior written consent;
- submit false, misleading, defamatory, offensive or unsolicited promotional material through the Website; or
- impersonate any person or misrepresent your affiliation with any person.
We may suspend or restrict access to the Website at any time, without notice, where we reasonably consider it necessary.
8. Intellectual property
© 2026 Ben Waldeck. All rights reserved. Unless otherwise indicated, the Content and the Website’s design are owned by or licensed to Ben Waldeck and are protected by copyright, trade mark and other intellectual property laws in Australia and internationally.
You may view and print Content for your personal or internal business reference, provided you do not modify it and you retain all copyright and other notices. Except as permitted by law, including fair dealing or fair use, you must not reproduce, adapt, publish, distribute, commercialise or create derivative works from any Content without our prior written consent.
9. Third-party names, links and content
Names, trade marks and logos of third parties referred to on the Website belong to their respective owners. Their appearance does not imply endorsement, sponsorship or affiliation, except where expressly stated.
The Website may link to or load content from third-party websites and services. We do not control and are not responsible for their content, availability or privacy practices. Your use of them is at your own risk and subject to their terms.
10. Accuracy and availability
We take reasonable care to keep the Content accurate, but it may not be complete or current, and it may reflect the law as at the date it was prepared. We may change, suspend or discontinue any part of the Website at any time. We do not warrant that the Website will be uninterrupted, error-free, secure or free from harmful components.
11. Consumer rights
Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by law that cannot lawfully be excluded, restricted or modified. This includes, where applicable:
- the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth);
- the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 (New Zealand);
- the Consumer Rights Act 2015 (United Kingdom);
- mandatory consumer protection laws of the European Union and its member states;
- provincial and territorial consumer protection laws in Canada, including Québec’s Consumer Protection Act; and
- US federal and state consumer protection laws.
Where the Consumer Laws permit us to limit our liability for a breach of a non-excludable guarantee, our liability is limited, at our option, to supplying the services again or paying the cost of having them supplied again.
If you use the Website for the purposes of a business, you agree that the Consumer Guarantees Act 1993 (NZ) does not apply, to the extent permitted by section 43 of that Act.
12. Disclaimer
Subject to section 11, the Website and Content are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we exclude all representations, warranties, guarantees and conditions, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
13. Limitation of liability
Subject to section 11, and to the maximum extent permitted by law, we are not liable to you for any loss or damage arising out of or in connection with the Website or the Content, whether in contract, tort (including negligence), under statute or otherwise, including any indirect, incidental, special or consequential loss, loss of profit, revenue, data, goodwill or opportunity, or any loss arising from reliance on the Content.
Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be limited or excluded by law. If you are a consumer in the United Kingdom or the European Union, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill.
14. Indemnity
To the extent permitted by law, you indemnify us against any claim, loss, liability, cost or expense (including reasonable legal costs) arising from your breach of these Terms or your unlawful use of the Website. This section does not apply to you if you are a consumer and such an indemnity is not permitted by the Consumer Laws that apply to you.
15. Privacy
We handle personal information in accordance with our Privacy Policy, which forms part of these Terms.
16. Governing law and jurisdiction
These Terms are governed by the laws of Queensland, Australia. You submit to the non-exclusive jurisdiction of the courts of Queensland and the courts entitled to hear appeals from them.
If you are a consumer, this choice of law does not deprive you of the protection of mandatory laws of the country in which you live, and you may bring proceedings in the courts of that country where the law permits. Before commencing proceedings, other than for urgent interlocutory relief, each party agrees to first attempt in good faith to resolve any dispute by written notice and negotiation for a period of 30 days.
17. General
- Changes. We may update these Terms at any time by publishing a revised version on the Website. Continued use of the Website after that date constitutes acceptance of the revised Terms.
- Severability. If any provision of these Terms is invalid or unenforceable in a jurisdiction, it is read down or severed to the extent necessary in that jurisdiction, without affecting the remaining provisions.
- Waiver. A failure or delay in exercising a right is not a waiver of that right.
- Assignment. We may assign or transfer our rights and obligations under these Terms. You may not do so without our prior written consent.
- Entire agreement. These Terms and the Privacy Policy form the entire agreement between you and us regarding the Website. Any separate written engagement or services agreement governs the services it covers.
- Language. These Terms are prepared in English. Any translation is for convenience only. Les parties ont exigé que ces conditions soient rédigées en anglais.
18. Contact
Questions about these Terms can be directed to: