Legals
LEGALS
Online Advice Session Terms & Conditions
About the online advice session:
- Scope of session: We may contact you prior to the session to ask you for more information and/or a limited number of documents, to make the session more efficient. Please provide all the information requested.
- Complex or lengthy sessions: If during the session, further topics for discussion arise or the material or question you want to discuss is novel or complex, we may need to adjust the price and length of the session or book a further session to ensure all the relevant issues are resolved.
- Inclusions: The price of the session includes my preparation time and a brief written record of advice to be emailed to you after our session. If an unusual amount of preparation time is required, for example in reviewing complex material or researching an unusual question, I will contact you to discuss any additional costs prior to our session.
- Advice note: If you wish to query the content or scope of the advice note, for example if you believe it is not an accurate record of our conversation, please contact us by email.
- Referrals: If we believe that your query requires specific technical expertise, we reserve the right to make a referral or recommendation to a suitably qualified alternative advisor rather than proceeding with the advice session.
- Jurisdictions not covered by the Legal Profession Uniform Law: if you practice in a jurisdiction that is not part of the Uniform Legal Profession Scheme, there may be some limitations to the areas we are able to advise on. We will let you know in advance if this is the case.
- Right to refuse: We reserve the right to decline a booking or cancel a session prior to its commencement or during the session, for example if the topic or manner of discussion is not appropriate or if we identify a conflict of interest.
- Reminder, changes and cancellations: We will send you a reminder 48 hours and two hours prior to our session. You can reschedule or cancel your booked session at any time up to 24 hours prior to the session through the booking page. Any change closer to the time will be charged at our discretion.
- How we meet: We will send you a Teams link for an online meeting. A phone call can also be arranged at our discretion. Face-to-face meetings can be arranged at our discretion, for an additional charge.
- Recording: We record all meetings for the purposes of transcribing and recording instructions and advice given, with transcription provided by secure and data-protected artificial intelligence. Your information will be handled in accordance with my professional obligations and our Privacy Policy.
- Fees: You can find the fees for standard sessions of 20 or 45 minutes on our website but as noted, we may need to charge an additional fee depending on the content of the conversation and level of preparation required. We will let you know the cost prior to the appointment and we will give you a formal costs disclosure statement, if you are entitled to one, and the likely amount exceeds the threshold under the Legal Profession Uniform Law (Vic) 2014 (‘Uniform Law’).
- Payments: An invoice will be forwarded to you with the advice note shortly after our session. All payments are due within 14 days of our session. You can pay by credit card or direct deposit.
General Terms and Conditions
- Confidentiality: We keep your information confidential in accordance with our professional obligations as set out in Rule 9 of the Legal Profession Uniform Solicitors Conduct Rules 2015.
- Intellectual property: Any material and information I provide to you during or after the session are provided for your use only. The material and information remain my property and may not be used by your or your firm for any purpose other than to act on the advice. In particular, you may not sell, copy, distribute or publish any of the material. You may not alter or modify the material and information. You may not pass off the material or information as your own to any other person, and you may not in any way provide the material to anyone outside your organisation without our written consent.
- Liability: The quality of our advice depends on the clarity and completeness of the instructions and information given. We accept no liability where you have not provided information that enables us to advise you appropriately.
- Feedback and Complaints: We’re always keen to know what we’re getting right and what’s not working for you. Please do provide feedback through the link provided to you at the end of your matter because it helps us improve. If you’re unhappy, please contact us to explain why and let’s see if we can work something out.
- Complaints for clients who are not lawyers: If you are not a law practice you can complain about our costs or service or conduct to the Victorian Legal Services Commissioner (see https://www.lsbc.vic.gov.au).
- Other complaints – If you are a law practice, s.170 of the Uniform Law applies to you and you do not have the right to costs disclosure under part 4.3 of the Uniform Law, or to raise a consumer matter complaint (which includes a costs dispute) with the Commissioner. You can complain about my conduct – see s.268(3) of the Uniform Law.
- Changes to these Terms and Conditions: We reserve the right to change these Terms and Conditions at any time. We will contact you by email let you know if we do so between you making the booking and the time of our appointment.
- Governing Law: This agreement is governed by the laws of the state of Victoria regardless of your location and jurisdiction.
- Privacy: We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
For any questions, please contact us at:
The Lawyer’s Friend Pty Limited ABN 75 674 321 058
Email: Info@lawyersfriend.com.au
Last update: 8 March 2024
LEGALS
Website Terms of Use
The Lawyer’s Friend Pty Limited ABN 75 674 321 058 (we, our or us) operates this website (Site) at the following domain address: https://www.lawyersfriend.com.au
The purpose of the Site is to provide general information about the law, our law firm and the services we provide. It does not provide specific legal advice or create a lawyer/ client relationship with you.
You agree to be bound by these Terms
By accessing the Site and using it, you agree to be bound by these website terms of use (Terms) and the Privacy Policy also available on our Site. Please read these Terms and if you don’t agree to them, then you should stop using our Site at once.
When we can change these Terms
We may change these Terms at any time by publishing the updated terms on our Site. We will not notify you when they change, and we suggest you come back and check the Terms on a regular basis to ensure you are up to date with the current Terms.
Changes to the Site
Materials and information on this Site (Content) are also subject to change without notice. While we try to keep the Content on our Site current, we do not make any promises or undertake to keep our Site up-to-date and are not liable if any Content is inaccurate or up to date.
The way in which you use the Site
We own the Site and grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use the Site. You have no ownership of the Site. You may not use the Site in any other way without our agreement in writing. All other uses of this Site must be in accordance with these Terms.
We do not permit you to:
- copy Content or any other details on our Site;
- use or copy our Site or Content in any way that competes with our business; or
- breach our copyright or other intellectual property in the Site.
Behaviour on the Site
When you use our Site, we expect you to abide by a clear standard of behaviour. You must not do, or attempt to do anything:
- that is unlawful;
- prohibited by law
- we would reasonably consider inappropriate; or
- that might bring our Site or us into disrepute.
This includes (without limitation):
- anything that would breach the privacy of an individual;
- using our Site to defame, harass, threaten, menace or offend any person;
- interfering with any user using our Site;
- tampering with or modifying our Site;
- intentionally transmitting viruses to our Site;
- intentionally transmitting disabling or damaging features to our Site;
- interfering with our Site, including the use of Trojan horses, viruses, piracy or programming routines that may damage our Site;
- using our Site to send unsolicited email messages; or
- assisting a third party to do any of the above.
The Site contains general information and not legal advice
The content on our Site provides a summary and general overview of our services. The Site may also provide general legal information at our discretion (Content). This legal information, where provided, is not intended to be comprehensive or constitute legal advice. You should always obtain legal or other professional advice specific to and appropriate for your own circumstances before acting on that content.
Our Content also does not take into account your specific needs, objectives or circumstances. Your use of the Site and any information provided on the Site is not intended to create, and does not create, a lawyer-client relationship or any other professional relationship between us. If you wish to engage us as your lawyer, we ask that you get in contact with us to request we act as your lawyer (Request). Upon such a request we would undertake a conflict check and where appropriate provide you with our legal services engagement agreement, with any such engagement not formalised until you have signed that agreement.
Disclaimer
We use reasonable commercial efforts to ensure the accuracy and completeness of the Content on our Site. However, the law changes and business arrangements in our law firm change. Therefore, to the maximum extent permitted by law, we make no representation, warranty or guarantee with respect to the Content or the likely outcomes you will get if you action the information on our Site and apply it to your situation or life. Where you are considering taking any type of legal action, we recommend obtain advice prior to taking any action. We reiterate that the legal information available on our Site (if any) is not legal advice.
Intellectual Property rights
Unless we state otherwise on the Site, we own or licence all rights, title and interest (including intellectual property rights) in our Site and Content.
Your use of our Site and your use of and access to the Content does not grant to you or transfer any rights, title or interest in relation to our Site or our Content. You must not:
- copy or use any Content from our Site (in whole or part);
- reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
- breach any intellectual property rights connected with our Site or our Content, including (without limitation) altering or modifying any of our Content, causing any of our Content to be framed or embedded in another website or platform, or creating derivative works from our Content.
Third party sites
Our Site may contain links to websites operated by third parties (Third Party Sites). Unless stated on our Site, we are not responsible for the content on Third Party Sites. Further, we do not control, endorse or approve any Third Party Sites.
Content you upload to our Site
We encourage you to interact with our Site. We may permit you to post, upload, publish, submit or send (upload) information and content to our Site (User Content).
If you upload User Content to our Site, you grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence for the User Content. This means we are able to use, view, copy, adapt, modify, distribute, licence, transfer, communicate, display, publicly perform, transmit, stream, broadcast, access, or otherwise use the User Content on, through or by means of our Site.
You agree that you are responsible for all User Content that you upload and warrant that:
- you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in the User Content (as contemplated by these Terms); and
- the User Content, your upload of the User Content or our use of it on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve, and are not responsible for, any User Content. We may, at any time remove any User Content you upload at our discretion.
Warranties and disclaimers
To the maximum extent permitted by law, we make no representations or warranties about our Site or Content, including (without limitation) that:
- it is complete, accurate, reliable, up-to-date and suitable for any particular purpose;
- you will have uninterrupted access;
- it will be error-free or free from viruses; or
- our Site will be secure.
You read, use and act on our Site and our Content at your own risk.
Limited Liability
To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, however it arises, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or our Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that our Content is incorrect, incomplete or out-of-date.
Indemnity
To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligation under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
Removing our Site (or your access to it)
We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person (including you) from using our Site, at any time at our discretion. We are not responsible for any loss, damage or Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Termination
These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
What happens if part of these Terms is not right?
If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
The law that applies to these Terms
The laws of Victoria, Australia, govern these Terms (Jurisdiction). If you access our Site throughout Australia or overseas, we make no representation that our Site complies with the laws (including intellectual property laws) of any State outside the Jurisdiction. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.
For any questions and notices, please contact us at:
The Lawyer’s Friend Pty Limited ABN 75 674 321 058
Email: Info@lawyersfriend.com.au
Last update: 1 February 2024
LEGALS
Privacy Policy
This Privacy Policy lets you know how we at The Lawyer’s Friend Pty Limited ABN 75 674 321 058 (we, us or our) collect and use your information. It applies to information collected offline and through our website, https://www.lawyersfriend.com.au (Site) and other related third party platforms we use such as social media platforms or other platforms like Stripe and the like.
The types of personal information we may collect about you include your:
- name, images and complete contact details;
- age and/or date of birth;
- credit card or payment details and bank account details; and
- personal details related to your legal matter(s) and any other personal information provided to us.
We may also collect, at our discretion, data such as your access to and use of our Site, including information via a third party such as Google Analytics or our third party payment processer.
We may collect, hold, use and disclose your personal information for a number of reasons, including to:
- contact you and communicate with you about your legal matters or to provide legal information or general business information to you;
- provide you with our legal services;
- allow us to keep our internal records and administration up to date;
- use it for advertising, marketing, analytics, market research and business development;
- comply with our legal obligations and resolve any disputes that we may have; and
- to consider an employment application you have made to us.
Subject to the confidentiality obligations set out below and in our client relationship with you pursuant to our professional obligations, we nevertheless may disclose personal information to:
- third party service providers for the purpose of enabling them to provide their services;
- our employees and contractors;
- our existing or potential agents or business partners;
- anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
- credit reporting agencies, courts, tribunals and regulatory authorities, in the event you fail to pay for our services;
- courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights; and
- third parties to collect and process data, such as Google Analytics or other relevant businesses. This may include parties that store data outside of Australia.
Confidentiality Obligations and Legal Privilege
As a law firm, we take very seriously our obligation of confidentiality to you and especially in relation to your legal matters. We understand the sensitive nature of any personal information that is disclosed to us. Any personal or sensitive information disclosed to us with the dominant purpose of obtaining legal advice or services will be kept confidential and protected by Legal Professional Privilege. Subject to any exceptions under the law, Legal Professional Privilege is a protection of any legal advice we provide to you and any communications between us that relates to your legal matter.
The Australian Privacy Law
By providing us with personal information, you consent to the disclosure of your information outside of Australia and acknowledge that we are not required to ensure that overseas recipients handle that personal information in compliance with the Privacy Act (Act) and the Australian Privacy principles (APPs). In that regard, the Act and the APPs may not regulate third parties overseas. If any third party engages in any act or practice that contravenes the APPs, it would not be accountable under the Act.
We treat personal information that is also sensitive information with a higher level of protection under the APPs. Sensitive information is classified as information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information.
Provided you consent, your sensitive information (if we hold any) may only be used and disclosed for purposes relating to the primary purpose for which the sensitive information was collected. Sensitive information may also be used or disclosed if required or authorised by law.
Your rights and controlling your personal information
Choice and consent: By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect your use of this Site or our services offered on or through the Site or any other third party platform we use to deliver our services.
Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.
Restrict: If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below.
Access: You may request details of the personal information that we hold about you. An administrative fee may be payable for the provision of such information.
Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.
Complaints: If you wish to make a complaint about how we have handled your personal information, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint.
Unsubscribe: To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.
Deletion: You can request for the erasure or deletion of your personal information by contacting us using the details below. The deletion of personal information will only be carried out subject to applicable laws. The deletion of personal information will only apply to personal information being held by us at the time your request is received.
Overseas transfer
Your personal information may be transferred to an overseas jurisdiction with substantially similar data protection laws such as the United States of America, the United Kingdom or countries within the European Union (EU). These countries have data protection laws, which protect personal information in a way that is at least substantially similar to APPs and there will be mechanisms available to you to enforce protection of your personal information under that overseas law. We do not require overseas recipients to comply with the APP and we will not be liable for a breach of the APP if your personal information is mishandled.
GDPR
In some circumstances, the European Union General Data Protection (GDPR) provides additional protection to individuals located in Europe. Where this is the case, there may be additional rights and remedies available to you under the GDPR if your personal information is handled in a manner inconsistent with that law.
Storage and security
We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
We cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that the personal information we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.
Cookies, web beacons and Google analytics
We may use cookies and web beacons on our Site from time to time. While cookies don’t tell us your email address, they do allow third parties, like Google and Facebook, to track you as part of our retargeting campaigns or for analytics purposes. If and when you choose to provide our Site with personal information, this information may be linked to the data stored in the cookie. Web beacons monitor your behaviour on our Site and collect data about your web page viewing.
We also use Google Analytics to collect and process data from time to time.
Links to other websites
We do not have any control over Third Party Websites and we are not responsible for the protection and privacy of any personal information that you provide whilst visiting them. Third Party Websites are not governed by this Privacy Policy, even if you followed a link from our website to the Third Party Website.
Amendments
We may, at any time and at our discretion, vary this Privacy Policy by it on our Site. Check back to find the current Privacy Policy.
For any questions or notices, please contact our Privacy Officer at:
The Lawyer’s Friend Pty Limited ABN 75 674 321 058
Email: info@lawyersfriend.com.au
Last update: 1st February 2024
LEGALS
Online Terms of Purchase for Digital Products
This online platform (Platform) is operated by The Lawyer’s Friend Pty Limited trading as The Lawyer’s Friend ABN 75 674 31 058 (we, our or us). It is available at https:\\www.lawyersfriend.com.au (Website) and at any other third-party application we choose to use now or in the future (Platform).
Acceptance
By accessing and/or using our Platform, each user of our Platform (you or your) you promise that you:
- have reviewed these terms and conditions, including our Privacy Policy (available on the Platform) (Terms);
- have the consent of your parent or legal guardian (if you are under 18 years of age) to use the Platform;
- have the legal capacity to enter into a legally binding agreement with us; and
- agree to use the Platform in accordance with these Terms.
Registration
You can browse and view the Platform as an unregistered user, however you may be required to register on the Platform and create an account (Account) to access some features, such as the purchase of goods, services and any other products (Goods).
When do these terms apply?
These Terms apply when you purchase one of our digital products (Content) available for purchase on our Site. You must read and agree to the Terms before you proceed with the purchase of any Content.
Our Contract
When you place an order via our website (Order), you will receive an acknowledgement e-mail confirming receipt of your Order (Acknowledgment). The Acknowledgement is not our acceptance of your Order.
A contract will not be formed between us until we send you confirmation the Content has been dispatched to you by email or other form of digital download (Contract). In the case of audio, text, video or online course content hosted on our Site, we grant you a licence (which is limited, revocable, non-exclusive and non-transferable) to listen to, download, watch or stream such content for your personal, non-commercial use, subject to the terms and conditions of any applicable third party platform used to host our Site.
If you make more than one Order a new contract will be created each time you place an Order.
You agree that you will not copy, reproduce, distribute or use the Content other than as set out in these Terms and that you must not sell, transfer, lease, modify, distribute or publicly perform the Content provided to you by us.
If you breach these Terms we reserve the right to terminate your license to use any Content. Only those products or services listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed. Any additional order for one on one services or other Content we offer will be subject to another contract.
Privacy and availability
We use our best efforts to try and ensure that all details, descriptions and prices that appear on this Website are accurate, however errors may occur. If we discover an error in the price of any Goods advertised, we will correct the error within a reasonable time.
Delivery costs will be charged in addition to the purchase of Goods at our discretion and depending on your location; such additional charges are clearly displayed where applicable and included in the “Total Cost” at checkout.
Payments
Any payments will be made through our third party payment processor or by any other payment method set out on the Platform. To the extent permitted by law, our service fee is non-cancellable and non-refundable. We reserve the right to set out a number of payment methods on the Platform. Where a Third Party Payment Processer is used, that Payment will be subject to additional terms and conditions (Third Party Terms). Please review any relevant Third Party Terms before using your selected payment method.
We will advise, at the time of the purchase of the currency in which you are required to pay for the Goods in. If you are charged in Australian dollars, Goods and Services Tax (GST) may be added to the price at our discretion.
Delivery of Content to you
The Content will be provided to you by email or other form of digital download, including but not limited to streaming them from a third party platform or downloadable documents or files. You acknowledge and agree that any use of a third party platform means you will be subject to the terms and conditions of that platform as well as these online purchase terms and conditions.
Receipt of Goods
You must inspect the Content immediately upon download or receipt and let us know if there is an issue with download. We reserve the right to remove active links for download of content after 24 hours of purchase.
If you fail to give such notice, the Goods must be deemed to be in all respects in accordance with the specified requirements.
No claim must be recognised unless made in writing and received by us within 24 hours after receipt of the Goods by you.
This paragraph does not apply if the Goods are subject to consumer guarantees imposed under the Australian Consumer Law — where consumer guarantees apply.
Refund and Cancellation Policy
Please choose carefully. Because of the nature of digital products and their immediate availability to you, we do not give refunds if you change your mind or make the wrong decision. Any refund will be at our absolute discretion.
Collection of information
We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
Intellectual Property rights
Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform, Site and all of the Content. Your use of our Platform and your use of and access to any Content on the Site does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.
You must not, without our prior written consent or the consent of the owner of the Content (as applicable):
copy or use, in whole or in part, any Content;
reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
breach any intellectual property rights connected with our Platform, including (without limitation) by:
altering or modifying any of the Content;
causing any of the Content to be framed or embedded in another website; or
creating derivative works from the Content.
User Content
You may be permitted to post, upload, publish, submit or transmit relevant information and content, including Reviews (User Content) on our Platform. By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Platform.
You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that:
you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and
neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.
Discontinuance
We may, at any time and without notice to you, discontinue our Platform or any of the Content, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Consumer Guarantees
Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).
Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.
Limitation on Claims
- We have no liability to the extent that our performance of the contract is prevented by force majeure. For these purposes, “force majeure” means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency.
- We have no liability to the extent that a failure of the Goods is attributable to any act or omission on your part, including but not limited to where you do not follow appropriate download instructions for the Goods.
- Our liability for failure to comply with a consumer guarantee is limited to:
- in the case of Goods supplied by us, the replacement of the Goods or the supply of equivalent Goods (or the payment of the cost of the replacement or supply); and
- in the case of services supplied by us, the supply of the services again or the payment of the cost to the Customer of having the services supplied again.
- Subject to the prior, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.
- In all other respects, our total liability for loss or damage of every kind, whether:
- arising pursuant to the terms of service; or
- arising in any other way out of or in relation to the supply of the goods, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action,
is limited to an amount equivalent to the sum paid by you to us for the goods.
- Except as otherwise stipulated in these terms, we do not accept liability to you in respect of any indirect or direct loss or damage which may be suffered or incurred by you in respect of goods or services supplied pursuant to these terms.
- Where you have asked us to recommend a product or digital Content for your use, we make such recommendations on the information provided to us by you and will not be liable if the products purchased fail to meet your requirements, particularly where we have not been made aware of the full circumstances of the intended use or your specific situation.
- This clause will survive the termination or expiry of these Terms.
Warranty disclaimer
To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is excluded.
Indemnity
You agree to at all times indemnify us, and keep us indemnified from and against any loss (including legal costs on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit or action or proceed by any persona against you or us where you such loss or liability arose out of or in connection with your conduct or breach of these terms of use or use of this Website or Platform or any information you provide via this Website or any damage caused to this Website.
Waiver
Any waiver of any provision of the terms of service will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Disclaimer
We have made a reasonable commercial effort to accurately represent the Content we offer and the likely outcome of using the Content, there is no guarantee that you will achieve the results that you may have expectations of. In this regard, your level of success in using any of the Content offered by us depends on external factors and we are not liable for failure to attain expected results or for any other reason. You acknowledge and agree that you will proceed on this basis.
Further, you warrant that you have not relied on any testimonials published by us as a reliance to purchase the Content and undertake that you will use the Content on that basis and hold us harmless if you do not achieve the results you desire.
General
Entire agreement: The above terms set out in this online purchase terms and conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us.
Variation: We may modify these Terms from time to time by posting the amended Terms on the Platform. By continuing to use the Platform after any such modification, you agree to the amended terms. If you do not agree to the modifications, you must terminate your Account and stop using the Platform.
Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Jurisdiction: These Terms, and your Order, are governed by the laws of Victoria. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Entire Agreement: These terms constitute the entire agreement between you and us.
For any questions and notices, please contact us at:
The Lawyer’s Friend Pty Limited T/A The Lawyer’s Friend ABN 75 674 321 058
Address:
PO Box 2289, Melton South, VICTORIA 3338
Email: info@lawyersfriend.com.au
Last update: 1st February 2024
