WEBSITE TERMS AND CONDITIONS OF SALE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SITE
1.2 This website is created and controlled by Advantage Legal Pty Ltd ACN 621 030 457 of St James Centre, Level 6 / 111 Elizabeth Street, Sydney, NSW, 2000 (‘we’, ‘us’, ‘our’).
These terms and conditions of use (‘Terms’) govern your use of our website located at www.advantagelegal.com.au (‘Site’) or the software platform accessible at https://autom.io/o/advantagelegal.
b. A reference to a “third party” in these Terms includes a reference to an agent, contractor, or a service provider of Advantage Legal Pty Ltd, or any of their related bodies corporate, and any person engaged by any of them, in the creation, provision or maintenance of the Site or a Platform or the realisation of Orders made through our Site or a Platform, and includes any of them.
d. “Platform” means a website, or an application, or any other resource or a system, whether used online or otherwise, ordinarily operated or controlled by a third party which enables us to provide, temporarily or permanently, Products, Services or Solutions for sale.
f. “Services” means the amenities, benefits or facilities provided by us, or on our behalf by an agent, contractor, or a third party or any person engaged by us. Services may include consulting, coaching or any other activities, that may be delivered in person, online, or at a specific location.
g. “Solutions” may include a variety of digital products that can be accessed, modified, downloaded or shared online or it may consist of online services, comprising of an information and data such as online text, images, video or audio files (podcasts, webinars, PowerPoint presentations, templates, video and audio conferences) or any information available in an electronic form, including any templates, documents, agreements or forms (‘templates’) that you may access, purchase, download or view on our Site.
1.5 The Products, Services and Solutions described on our Site or a Platform are available from the Site or a Platform only (unless specified as “available in-store only”) and will be available for you to make an offer to Advantage Legal Pty Ltd via the Site or a Platform, to purchase at the specified price on or before the end date specified in a current catalogue, promotional flyer, or until otherwise removed from the website or as specified. Where Advantage Legal Pty Ltd accepts your offer, Advantage Legal Pty Ltd will sell the relevant Products, Services or Solutions to you in accordance with these Terms.
1.8 These Terms include very important information about the Ordering, processing and delivery of Products, Services or Solutions as well as information about limitation of liability. We ask that that you read them carefully.
2.2 These Terms will apply if and when you are purchasing the Products, Services or Solutions, from our Site. If you are purchasing the Products, Services or Solutions through the third-party providers or a Platform, then you must accept their respective terms and conditions of use or sale before placing an Order with those providers or on that Platform, as those terms and conditions will apply. In the instances of any inconsistency with the terms and conditions of the third-party provider or Platform, these Terms will prevail.
2.3 Advantage Legal Pty Ltd reserves the right in its sole discretion, at any time and without notice to amend, remove or vary these Terms and or any page of our Site or a Platform. It is important that you review and be aware of the current Terms of sale each time you use the Site or a Platform.
3.1 You must follow the onscreen prompts to place an Order. Each Order is an offer by you to us to buy the Products, Services and Solutions specified in the Order subject to these Terms. The Products, Services and Solutions offered on our Site or a Platform are not suitable for, and must not be used for, commercial re-sale.
3.3 After you place your Order, you will receive an email from us acknowledging that we have received it. This does not mean that your Order has been accepted. When we send you a confirmation by email that we have accepted your Order (‘Order Confirmation’), at this date (‘Commencement Date’) the Contract between you and us is created (‘Contract’).
3.4 While we will always try to ensure your Order is confirmed and processed in a timely manner, in instances where we are unable to supply you with the Products, Services or Solutions for any reason, we will inform you of this by email, and we will not process your Order. We are free to accept or decline part of, or the entire Order, at our absolute discretion. If you have already paid for the Order, we will refund you the full amount.
4.2 Prices shown are in Australian dollars and include GST where GST is applicable. If a price is shown with no GST component and GST is applicable, then that price is inclusive of GST. Prices are subject to change.
4.3 If a taxable supply has been made between us and an amount with respect to GST in relation to that taxable supply has not been paid, then we reserve the right to recover from you an appropriate amount for the GST owing.
4.4 Prices are exclusive of the costs of all packaging, insurance, delivery and handling charges applicable to the Products, Services and Solutions, which are your responsibility and must be paid by you.
5.4 To the extent permitted by law, Advantage Legal Pty Ltd will not be responsible for any losses (direct or indirect) or damages suffered by you where the selected payment method is used in an unauthorised or fraudulent manner.
7. Delivery of Products, Services and Solutions
7.1 Subject to you complying with these Terms and your Order being accepted by Advantage Legal Pty Ltd, we will sell and supply the Products, Services or Solutions to you as shown in our Order Confirmation.
b. Delivery of any Solutions will depend on either your preferred method of delivery or available method of delivery as set out by us or our third-party providers, which you must select to complete your Order.
c. Advantage Legal Pty Ltd cannot and will not accept responsibility for issues such as timeliness of delivery, reliability, functionality, accessibility, accuracy or any other issues that may arise as a result of your acceptance of the delivery methods provided by those third-party providers.
d. We will do everything reasonably possible to ensure your Order is dispatched and delivered in a timely manner, but we do not guarantee that those timeframes will always be met, as factors often beyond our control may affect the dispatch and delivery of your Order. Advantage Legal Pty Ltd will not be liable for any loss or damage incurred by any person as a result of a delay caused by the carrier that we have no control over. Similarly, we are not acceptable for any loss or damage resulting from an event that out of our reasonable control or foresight, including but not limited to any delays caused by an incorrect or inaccessible delivery address being provided to us
e. In the instances where redelivery fees or additional delivery fees are chargeable, by reason of your delivery address being outside the standard delivery area, or your unavailability to accept the delivery at the nominated time/location, incorrect address and similar instances we may need to charge you an additional delivery fee. We will discuss this with you prior to applying any additional charges.
Third-Party Delivery Contractor
Late or Non-Delivery
9.1 You must inspect the Products, Services or Solutions immediately on their arrival and if they are not in accordance with the specified requirements, you must give us written notice within 7 days of receipt of the Order. If you fail to give such notice, then the Products, Services or Solutions will be deemed to be within specified requirements, and we will not be able to receive a claim to the contrary from you.
10.1 You acknowledge and agree that any descriptions or illustrations on our Site or a Platform are published for the sole purpose of giving an approximate idea of the Products, Services and Solution offered and described.
b. The Services supplied to you under these Terms will be provided with reasonable care and skill and be in accordance with the specification for the Services appearing on our Site or a Platform at the date of your Order in all material respects, including the time for the delivery of such Services.
10.3 While the Solutions will be of acceptable quality and will match with the descriptions provided and be fit for the purposes specified by Advantage Legal Pty Ltd at the time of your Order, in all material respects, we do not warrant or guarantee that the Solutions are comprehensive, accurate, fit or suitable for your specific purpose. You are choosing and using the Solutions at your own risk.
10.4 For the Products, Services and Solutions supplied by Advantage Legal Pty Ltd to you under these Terms that include templates, documents, agreements or forms (‘templates’), those templates are not legal advice. Our templates are provided on ‘as is’ and ‘as available’ basis, without any representations or warranties, express or implied.
10.5 You acknowledge that Advantage Legal Pty Ltd is not providing legal advice to you relating to any templates that you purchase, access, use or download from our Site or a Platform and that you cannot hold Advantage Legal Pty Ltd liable in respect of your use or reliance on those templates.
10.6 You acknowledge that the purchase of the templates does not create a solicitor/client relationship between you and Advantage Legal Pty Ltd. Any errors or omissions that occur during the interview process will input directly into the template. It remains your responsibility to check the template output document prior to use.
a. Be of acceptable quality and will match with the descriptions provided and fit for the purposes specified by Advantage Legal Pty Ltd at the time of your Order, in all material respects; however, we do not warrant or guarantee that the Products, Services and Solutions are comprehensive, accurate, fit or suitable for your specific purpose. You are using and choosing the Products, Services and Solutions at your own risk; and
10.9 We will always use our best endeavours to meet any dates specified in the Order Confirmation. We do note, and you agree, that any such dates are estimates only. You further acknowledge that a failure to deliver the Products, Services and Solutions by such estimated date, will not give you the right to terminate the Contract or to hold us liable for any loss or damage incurred by you or any other person as a result of our delays or failure.
10.10 If the Products, Services and Solutions do not meet the above guarantees, you may have rights in respect of refund, replacement, repair, additional Services, costs or damages as well as cancellation of the Order.
10.11 Other than those expressly set out in clause 10 we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Products, Services or Solutions to the maximum extent permitted by law.
b. You are at least the required legal minimum age. Our Site and Platforms, and our Products, Services and Solutions are directed at and are suitable for visitors and users who are at least 18 years old and have the legal capacity to enter into a binding contract when placing Orders.
d. Where required, you provide us, our employees, agents, consultants and subcontractors, with adequate access to your premises, office accommodation and other facilities as we may reasonably require.
e. You provide us with such information and materials we may reasonably require so we can supply the Products, Services or Solutions, and you must ensure that such information is complete and accurate in all material respects.
11.3 You accept and agree that you are responsible for reimbursing us on written demand for any costs or losses we sustain or incur arising directly or indirectly from your default or failure to comply with your obligations listed in this section.
12.2 You acknowledge and agree that your access to our Site or a Platform and use of any Products, Services and Solutions on your device may be subject to separate charges and fees, for which you will be responsible, such as daily usage charges or phone usage charges that may be imposed by your mobile phone service provider.
13. Ownership, Intellectual Property and Copyright
13.1 We are the owner of the specifications and design of the Products, Services and Solutions and its contents (including but not limited to all information, data text, video, software, graphics, images, advertisements, blogs and any other material (‘Content’)). As such, any and all intellectual property, including but not limited to, copyright, design right, trademarks or any other rights vested in the Products, Services or Solutions are owned and will remain our property and are protected by copyright laws in Australia and through international treaties.
13.2 Unless otherwise expressly provided, Advantage Legal Pty Ltd and its contributors reserve all rights in the Products, Services and Solutions, and their respective Content, including all copyright, designs, trademarks, patents and other intellectual property rights, grants and licences (past, current and to be granted).
14.2 To become a registered user, you will have to provide your personal details, such as your name, address, contact details (phone and/or email). If your access to our Site or use of our Site is controlled by a user account, password or any other piece of information as part of our security procedures, you are responsible for maintaining the confidentiality of such information.
14.5 Advantage Legal Pty Ltd recognises the importance of privacy and protecting your personal information. We are committed to respecting your privacy as a customer and a visitor to our Site or a Platform. We may collect information, including your personal information, in the course of your use of our Site or a Platform.
14.7 Payments are handled by credit card institutions or banks and third-party payment processors or facilitation services. Advantage Legal Pty Ltd does not act or operate as a merchant of record, and it does not store your credit card or banking details. We ask that you inquire with your banks, credit card providers or the nominated digital payment services provider for details of their privacy policies and security measures.
14.8 We may use your personal information to offer you the Products, Services or Solutions we believe are of interest to you, but we will not do so if you tell us not to. These Products, Services or Solutions may be offered by us, or our other third-party business partners or our service providers.
15.1 Nothing in this document affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This Contract and these Terms do not limit or exclude our liability:
15.2 Subject to clause 15.1 and the extent permitted by law, Advantage Legal Pty Ltd will not be liable to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with this Contract or these Terms, including any loss of profits, loss of sales or business, loss of production, loss of agreements or contracts, loss of business opportunity, loss of anticipated savings, loss of or damage to goodwill, loss of reputation or loss of use or corruption of software, data, or information.
15.4 If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the Australian Consumer Law (‘ACL’) that cannot be excluded, our total liability to you for that failure is limited to, at our option, the resupply of the Products, Services or Solutions or the payment of the cost of resupply.
a. In the case of Products supplied by us, the replacement of the relevant Products or the supply of similar or equivalent Products (or the payment for the cost of the replacement or resupply of the Products) as determined by us or where appropriate repair of the Products (or the payment of the cost of the repair);
c. In the case of Solutions supplied by us, the resupply of the Solutions or where the resupply is not appropriate, the supply of similar or equivalent Solution; or the payment of the cost incurred by you in having the Solution supplied again (as determined by us).
15.6 In relation to clause 15.5, 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.
a. Advantage Legal Pty Ltd is in no event liable for any special, indirect or consequential damages or any damages howsoever arising, whether in action of contract, negligence or a tortious action whether arising pursuant to these Terms or in any other way, out of or in relation to the supply of the Products, Services or Solutions, their sale, delivery or the way they perform, whether in tort or contract or in any other cause of action; and
b. Advantage Legal Pty Ltd’s total liability, whether in contract, statute, tort or otherwise as related to these Terms, is limited to an amount equivalent to the sum paid by you to us for the Products, Services or Solutions. No attempt is made in these Terms to exclude, restrict, limit or modify the application of all or any of the provisions of Part 5-4 of the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL), or the exercise of a right conferred by such a provision, or any liability of ours in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of services.
16.1 You agree to indemnify and hold harmless Advantage Legal Pty Ltd, at all times, and keep indemnified, Advantage Legal Pty Ltd, and each of its related entities, third-party providers, agents, subcontractors, employees, bodies corporate, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these Terms.
17.1 We will have no liability to the extent that our performance of the Contract or these Terms 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.
c. You may cancel the Contract if this event has continued for more than 30 days. If you decide to cancel, you must notify us in writing, and we will refund the price you have paid, less the charges reasonably and actually incurred us by in performing the Products, Services and Solutions up to the date of the event occurring.
18.2 We do not guarantee or warrant that any files or programs accessed, executed, purchased or obtained from or through our Site, or any other external website or third party providers or a Platform, are free from computer viruses or other defects which could damage or interfere with the data, hardware or software with which it might be used. Any such files or programs are provided and can only be used, on the terms that you assume all liability for any loss, damages resulting from direct or indirect use of those files.
18.3 You are solely responsible for configuring your technology to access and purchase from our Site or any other external website or third-party providers or a Platform, and we recommend that you use adequate use virus protection software.
18.4 You accept and assume all risks and responsibility for losses, damages, costs and other consequences resulting directly or indirectly from using our Site and any other website or third party providers or a Platform in relation to the purchase of the Products, Services and Solutions available from those sites.
18.5 Every effort is made to keep our Site up and running smoothly. However, Advantage Legal Pty Ltd takes no responsibility for, and will not be liable for, our Site or a Platform being temporarily unavailable due to technical issues beyond our control.
19.1 Without affecting any of our other rights, we may suspend the performance or delivery of the Products, Services and Solutions, or terminate this Contract with immediate effect by giving written notice to you if:
19.2 In the event that the Products, Services or Solutions has been delivered to you, prior to the termination, when the Contract is terminated, you must return all of our deliverables specified in your Order which has not been fully paid for. If you fail to do so, you authorise us to enter your premises and take possession of them. Until the return is arranged you are responsible for their safekeeping and must not use them for any purpose unconnected with the Contract or these Terms.
19.3 Termination of this Contract does not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages for any breach of the Contract that existed at or before the date of termination.
21.1 The parties cannot rely on the words or conduct of any other party as being a waiver of any right, power or remedy arising under the Contract or these Terms unless the relevant party expressly grant a waiver of the right, power, or remedy.
21.2 Otherwise, failure by Advantage Legal Pty Ltd to exercise or enforce any right or provision under the Contract or these Terms will not constitute a waiver of such right or provision. Any waiver of any provision under the Contract or these Terms will only be effective if it is in writing and signed by the party granting the waiver and is only effective to the extent set out in that waiver.
22.1 Advantage Legal Pty Ltd may assign or transfer the rights and obligations under the Contract or these Terms to another entity and will always notify you in writing or by posting on this webpage if this happens.
22.2 You may only assign or transfer your rights or your obligations under the Contract or these Terms to another person, but only after you have obtained consent to transfer the rights or obligations from Advantage Legal Pty Ltd in writing.
23.1 If the whole or any part of a provision of this Contract or these Terms is or becomes invalid or unenforceable under the law of any jurisdiction, it is severed in that jurisdiction, to the extent that it is invalid or unenforceable and whether it is in severable terms or not. The remaining terms and provisions of the Contract and these Terms will remain in full force and effect and constitute an agreement between you and Advantage Legal Pty Ltd.
24.1 We each acknowledge and agree that this Contract is only between Advantage Legal Pty Ltd and you and that no other person has any rights to enforce any of the terms or conditions of the Contract or these Terms.
25.2 In the event of any dispute arising out of or in relation to the Contract or these Terms, you agree that the exclusive venue for resolving any dispute will be in the courts of New South Wales and the venue will be Sydney, Australia.
26.1 The email and contact details published on our Site and Platforms are intended to facilitate communication about our business. The publication of electronic and other relevant addresses or contact details is not inferred as consent by the addressee or us to receiving any unsolicited electronic messages or spam mail.
Last updated on 12 March 2020