Terms and Conditions

If you use this site, you will do so on the basis of the following licence conditions.

Please read them carefully.

Conditions of licence to use this site

Introduction

This service is provided to you by Lawyers and Legal Services Australia Pty Ltd. If you use our service in any way, you will do so on the basis of the disclaimers on the relevant pages and the following terms and conditions as they apply at the time. Please read them carefully. At the end of these terms and conditions, you will be given the choice of accepting or rejecting the terms and conditions. If you accept them, you may use our service. If you reject them, you will not be able to use our service in that way. When you place your order for any product, you agree to read the relevant terms and conditions carefully.

Privacy

Your Privacy

You acknowledge that Personal Information collected, used and disclosed by us may be used for a variety of purposes including:

to monitor use of our products for the purposes of further development and to ensure they meet your needs and interests;
to administer your account and to enforce this contract;
for marketing purposes which may include disclosure of your information to other companies; and
other purposes as described in our Privacy Policy.

You expressly acknowledge and consent to:

Us transferring and disclosing Personal Information provided by you to us to our third party service providers located outside of Australia (including, but not limited to, the United States) to the extent required in providing access to, maintaining and servicing our products and services as part of our information technology arrangements; and
such third party service providers storing and processing such Personal Information provided by you on servers outside of Australia (including, but not limited to, servers located in the United States).
You agree that if you provide us with Personal Information about another individual, you will ensure that that individual is aware that you have supplied their Personal Information to us and the reason;
You are responsible for ensuring that if a third party is required to disclose Personal Information to us for the purposes of these Terms on your behalf or at your request, such disclosure by the third party complies with the Privacy Act.
If you fail to provide any Personal Information requested by us, we may be unable to supply the products that you order or request.
If you apply to us for credit terms we may give certain information about you including identity particulars to a credit reporting agency and we will tell you separately about other uses and disclosures of your Personal Information relevant to your application for, or our provision of, credit.
If we are required to retain any Personal Information by law:
you warrant that you have taken all steps to ensure that we are permitted to do so; and
on reasonable notice, and the payment of a reasonable charge, we will make such information available for inspection by you and your auditors.

You agree that:

– We cannot, and do not, give you legal, tax, accounting, commercial or other professional advice;
– Lawyers and Legal Services Australia Pty Limited is not a professional services firm;
– Our service provides information to help you answer the questions and to order a product and that that information is information only, not advice;
– We cannot and do not warrant that a product you decide to order is appropriate or suits your needs;
– We cannot and do not warrant that your use of our service is appropriate or suits your needs;
– the legal, taxation, accounting and commercial effects of a product vary and a product’s suitability will, therefore, vary according to particular circumstances;
– only you know the purpose for which you intend to apply a product you order and that we are not responsible for the choice you make regarding the product that you order;
you must consult with a lawyer, taxation adviser, accountant, or commercial or other appropriately qualified professional adviser for advice concerning the suitability of a product you order using our service;
– We disclaim responsibility for the information, commentary, advice and other documents (including sample letters) appearing on this site;
– certain information and particular clauses from the master documents are included in the documents you order as a result of the answers you provide to questions you answer when using our service;
– certain information is included in the products you order as a result of the answers you provide to questions you answer when using our service;
– you are fully and solely responsible for the information included in a product as a result of the answers you give to the questions; and
– we are not responsible for any mistake that you make in understanding the questions or how to answer them.
– We are not responsible for your mistakes — you indemnify us
– You agree that you indemnify us in relation to any cost, loss, liability, or damage that any of you, your client, or a third party suffers:
because the product you order is not suitable for its intended purpose or does not suit the relevant circumstances;
because you fail to obtain formal advice from an appropriately qualified professional adviser concerning whether the product you choose is suitable for its intended purpose or is suitable for particular circumstances;
because of the answers you provide to questions asked of you when using our service;
because you do not answer all questions completely and accurately;
because you modify the products after they are provided to you; or
because you breach these terms and conditions in some other way.
– You agree that you continually indemnify us against any cost, loss, liability, or damage that we incur as a result of your use of our service.
– We do not warrant the accuracy or appropriateness of the contents of our website;
the information and commentary on our website is general only and is prepared by the person named as the author on the relevant product’s page of our website and that we do not endorse it and disclaim responsibility for it;
– our website may contain hyperlinks and pointers to other websites and that we are not responsible for any information or other hyperlinks contained in these websites;
– we provide the hyperlinks and pointers to you simply for your convenience and we are not endorsing any of them;
– you access these other websites at your own risk; and
– it is for you to decide whether these other websites should be relied on.

Our liability is limited

You agree that if we are prohibited by law from excluding all implied warranties and conditions, then our liability will be limited to, at our option to providing you with additional information to correct any error.

You agree that:

To the extent that we are not prohibited by law from limiting our liability, then our liability is limited including in respect of any liability that arises as a consequence of our negligence;
our liability to you for any matter related to the subject matter of these terms and conditions will not include any special, indirect, incidental or consequential damages or loss of profits and will not exceed the cost to you for the particular transaction which has caused you the loss or damage; and
– we are not responsible in any way for any liability, loss, damage or expense that arises directly or indirectly from a problem that occurs by any virus infecting our service.
– we do not warrant that the operation of our service will be uninterrupted or that our service is virus free or error free.

Our intellectual property is not diminished

You agree that the contents of this site are wholly and solely our intellectual property.

Jurisdiction

These terms and conditions are governed by and are to be read and interpreted according to the laws of New South Wales. Each of us and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts in that jurisdiction. You may not argue, on the basis of the doctrine of forum non conveniens or any other basis, that the courts of that jurisdiction should not exercise jurisdiction.

Definitions and interpretation

In these terms and conditions:

‘We” means Lawyers and Legal Services Australia Pty Limited, its agents, officers, successors, authors, licensors and advisers and ‘our’ and ‘us’ have a corresponding meaning;
‘our service’ includes this website, the interface, user system, and document merging engine and (where applicable), the menu of legal clauses that is used to generate documents you order, and the services which we provide to you which are ancillary to these services, including telephone helplines;
‘default interest’ means interest on amounts owing calculated at the rate set from time to time under section 22 of the Taxation Administration Act 1996 (NSW);
‘document’ means a document you order which is generated by our service;
‘lawyer’ means an Australian legal practitioner as defined under section 6(1) of the Legal Profession Uniform Law (NSW) or under any corresponding law in any other jurisdiction;
‘Personal Information’ has the meaning given to that term in the Privacy Act.
‘Privacy Act’ means the Privacy Act 1988 (Cth).
‘product’ means a document or other service which you order using our service;
‘master documents’ means the master documents on which the documents you order are based, being the full library of possible text that could be included in your document depending on the information you provide when using our service;
‘professional adviser’ means a lawyer concerning whether a document or product is appropriate or suits your needs or its legal and taxation implications, a registered tax agent concerning a document’s or a product’s taxation, accounting and/or commercial implications or a licensed financial planner concerning a document’s or a product’s financial planning implications or such other professional adviser as is appropriate or suits your needs concerning a document’s or a product’s legal, taxation, accounting and commercial implications;
‘you’ means the person using our service, including a person using our service as agent of another person in which case ‘you’ means the agent or the agent’s principal, or both the agent and the agent’s principal;
the singular includes the plural and vice versa; and
a reference to currency is a reference to Australian dollars.
You agree that each of these definitions has the same meaning wherever they appear on our website.