Precedents Online Terms of Use

Terms & Conditions

When you buy documents from https://precedentsonline.com.au/  you are contracting with Precedents Online Pty Ltd (ABN: 90652319090 ) trading as Precedents Online (‘Precedents Online’, ‘Us’, ‘We’), a wholly owned Australian company located at 119 Willoughby Rd, Crows Nest in New South Wales.

Precedents Online cannot provide you with products until you have agreed to these terms and conditions. They represent the contract between you and Precedents Online. When you use any of our Services, as defined below, you agree to be bound by these terms and conditions. This agreement may be changed at any time.

Definitions

In this document.

“Content”  means information and/or data in any form published on Our Website by us or any third party with our consent.

“Copy or Publish” with reference to a Licensed Product, means reproducing or publishing in whole or in part, using any means, in any medium. It includes breaking up, changing, cropping or any other change or use as part of some other created work.

“Post” means place on or into Our Website any Content or material of any sort by any means.

“Product”   means anything we offer for sale on Our Website.

“Licence” means a licence granted by us to you in the terms of this agreement for use of a Licensed Product.

“Licensed Product ” means any product, material or thing offered for licence by us on Our Website, whether or not bought by you. A reference to “Product” shall be a reference to all or part of a Product or to a Product changed by you in any way.

“Our Website/s” means all of the hardware and software installation that enables our website to function.

“Service” or “Services”   means all the services we provide, whether or not from Our Website. It includes products, documents and letters for which you buy a licence to use, documents we prepare for you, all advice we give, information we provide and all other actions we take for you.

“Third Party Owner” means an owner of a Licensed Product which is not owned by us.

Interpretation

In this agreement unless the context otherwise requires:

  • a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
  • in the context of permission, “may not” in connection with an action of yours, means “must not”.
  • any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
  • a reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to;
  • these terms and conditions apply to all supplies of a Service or Licensed Products by us. They prevail over any terms proposed by you.

this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

Our Contract

If you use Our Website in any way on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.

In entering into this contract you have not relied on any representation or information from any source except Our Website.

You acknowledge that you are satisfied that the Product or Service you have selected is suitable and satisfactory for your requirements;

The Services you buy on Our Website are supplied both by us and by third party lawyers (“TPLs”) not otherwise connected to us.

These terms apply to all your purchases (except advertising space) except insofar as the terms of a TPL may be in conflict. In that case, the TPL’s terms take precedence so far only as their relationship with you is concerned.

When you click to buy a Product or Service from us, in law you are offering to buy. Your contract with us is made only on the first to happen of:

  • we send a Product to you; or
  • we authorise you to download a Product; or
  • you have sent a completed instruction to us and paid for the Service you have ordered and we have started work for you.

Every Product or Service you buy which is separately identifiable is the subject of a separate contract. Accordingly, performance or breach of one contract does not affect any other.

You cease to be a client of Precedents Online when our contract with you is concluded on the first to happen of:

  • your receipt of a document or form you have bought, by any means;
  • our sending of a document or form by e-mail and not receiving notification from our service provider of non-delivery;
  • There is no contract between us for any free Service, so you do not become a client by using any free Service and we are not liable to you in any way resulting from your use of any free Service.

The price of any document or other Service may be changed by us at any time.

Services will be delivered by download, by e-mail or by both of these, at our discretion.

You agree that you are bound by these terms (or the latest version of them) for all future contracts with us, whether ordered through Our Website or in some other way.

You now agree that you commit a breach of this contract if you seek repayment of money paid to us by asking your credit card provider to credit back a payment made to us, without attempting to seek repayment from us first.

Security of your credit card

We take care to make Our Websites safe for you to use. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.

Delivery of the Products

Products supplied instantaneously or almost so, will be delivered by e-mail or by your own download from Our Web Site. You may obtain re-delivery as often as you wish for a period of 60 days.

We accept no responsibility for problems you may have in making payment through a web page belonging to our payment service provider or in downloading any document or other Service.

Cancellation and refund

The following terms apply to the cancellation of this contract.

Every Product or Service provided by us is designated to be delivered immediately or as soon as we are reasonably able to deliver it. Most products are supplied automatically after you have made payment.

Liability for subsequent defects

Please check the Product received from us immediately you download it.

If you find an error in the Product, you must tell us by email message to support@precedentsonline.com.au.

The procedure to report an error is as follows:

  • report to us as soon as any error is discovered but not later than one month from receipt by you.
  • tell us clearly what is the error you complain of and other information to enable us to identify it.

If we agree that the Product is faulty, then we will:

  • correct the error and come back to you within 3 days, or
  • immediately send a new version to you, or
  • refund the full cost you have paid.

Disclaimers and limitation of liability

The law differs from one country to another. This paragraph applies so far as the applicable law allows.

All implied conditions, warranties and terms are excluded from this agreement.

We make no representation or warranty that any Service or Licensed Product will be:

  • useful to you;
  • of satisfactory quality;
  • fit for a particular purpose;
  • available or accessible, without interruption, or without error.

Our total liability under this agreement, however it arises, shall not exceed the amount paid for the product. This applies whether your case is based on contract, tort or any other basis in law.

We shall not be liable to you for any loss or expense which is:

  • indirect or consequential loss; or
  • economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.

If you become aware of any breach of any term of this agreement by any person, please tell us by email to support@precedentsonline.com.au. We welcome your input but do not guarantee to agree with your judgement.

The fact of your buying Products drafted by a practising solicitor or barrister does not of itself indicate that the service is suitable for your use. Advice is inevitably limited by the scope of your instructions and the time available for the drawing of advice. If you require a full service, it may be necessary to re-instruct your lawyer for further help.

From time to time, we make arrangements for Precedents Online documents and/or services to be available through co-operation with a third party. You may therefore find that you are transferred to Our Website in order to obtain fulfilment of the obligations of that third party. That introduction does not affect your obligations or ours in connection with the provision of a Service by us.

Services provided by Precedents Online are provided “without liability”. We make no representation and give no warranty with respect to any of the Services. We do not suggest any document or Service is suitable for your particular use. We are not and do not pretend to be solicitors. We are not regulated by the Law Society or any other professional organisation.

Documents are provided as template versions for you to edit and change to suit your circumstances.

Documents may include technical inaccuracies or typographical errors.

We are not responsible for any action you decide to take as a result of using a Service or buying a Licensed Product.

Our Website contains links to other Internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the content of any such linked web site, nor for any loss or damage arising from your use of any such web site.

Documents produced by Precedents Online are intended for use only within the jurisdiction of Australia.

Your Licence to use a document

When you buy a Precedents Online form or document, what you do in fact buy is a licence to use our document for the purposes of your own business or in a single company.

You may use it as often as you like subject to the other terms of this agreement. Solicitors and other professional advisers may re-use the document as for any legal precedent.

We do not offer the Services in all countries. We may refuse a Licence if you live in a country we do not serve.

All ownership rights and intellectual property rights in the Content and software whether provided by us or by any other Content provider shall remain the sole property of us and / or the other Content provider. We will strongly protect our rights in all countries.

You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content or software, in whole or in part, except as is expressly permitted in this agreement.

No express or implied licence of the Licensed Product or any other material is granted to you other than the express Licence granted in this agreement.

Limitations and permissions on Licences

You must not sub-license a Licensed Product.

You must not Copy or Publish a Licensed Product except as specifically allowed in this agreement.

You may not allow any other person to use a Licensed Product except in the situation or context for which you have bought it.

You may not represent or give the impression that you are the owner or originator of any Licensed Product or of the Software. This does not apply to a person with whom we have made a specific agreement to use the Software for resale.

You may not remove any identification or reference number or other information which may be embedded in any file of a Licensed Product.

Third Party Owners and additional restrictions

Some Products offered for Licence on Our Websites are owned by Third Party Owners and not by us. Where that is indicated, the following additional provisions apply:

The price of the Licence includes a sum payable by us to the Third Party Owner.

You remain liable to the Third Party Owner, through us, for compliance with this agreement.

If you are liable to the Third Party Owner for breach of this agreement, you will indemnify us for all cost and liability arising from our relationship with the Third Part Owner, our acting as their agent, or your buying a Licensed Product.

Copyright and other Intellectual property

You agree that at all times you will:

not to cause or permit anything which may damage or endanger our title to any Licensed Product or other intellectual property or the title of any Third Party Owner whose work has been made available to us as a Licensed Product;

notify us of any suspected infringement of the intellectual property.

If you use a Licensed Product in a way not allowed by this agreement we may take legal action anywhere in the World. If loss to us or any other person results from your wrongful action, you will be liable to pay.

Content you Post to Our Websites

You agree that you will not use or allow anyone else to use Our Websites to Post a Content which is or may:

  • be information which could promote or assist any unlawful purpose;
  • be malicious or defamatory;
  • consist in commercial audio, video or music files;
  • be illegal, obscene, offensive, threatening or violent;
  • promote discrimination or animosity to any person on grounds of gender, race, religion, nationality, disability, sexual orientation or age;
  • be likely to harass, intimidate, bully, or alarm any other person;
  • solicit passwords or personal information from anyone;
  • be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
  • give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
  • link to any of the material specified in this paragraph.

In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.

You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

Security of Our Website

If you violate Our Website we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

  • modify, copy, or cause damage or unintended effect to any portion of Our Websites, or any software used within it.
  • link to our site in any way that would cause the appearance or presentation of Our Websites to be different from what would be seen by a user who accessed Our Websites by typing the URL into a standard browser;
  • download any part of Our Websites, without our express written consent;
  • collect or use any product listings, descriptions, or prices;
  • collect or use any information obtained from or about Our Websites or the Content except as intended by this agreement;
  • aggregate, copy or duplicate in any manner any of the Content or information available from Our Websites, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
  • for any purpose use our name, any proprietary information (including images, text, page layout, or form) of ours or of our affiliates in any way and in particular to entice search robots to some other website;
  • upload or republish any part of our Content on any Internet, intranet or extranet site.
  • share with a third party any login credentials to Our Website;
  • use on Our Websites software which assists in:
  • data mining, extraction or collection;
  • performing any automated operation;

Despite the above terms, we now grant a licence to you to:

copy the text of any page for your personal use in connection with the purpose of Our Websites or a Service we provide.

Indemnity

You agree to indemnify us against any claim or demand, including legal fees, made by any third party due to or arising in any way out of your use of Our Website, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.

Miscellaneous matters

We may change this agreement in any way at any time. The version applicable to your contract is the version which is Posted on Our Website at the time you buy a Product or Service.

Severability

If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

If you are in breach of any term of this agreement, we may:

  • publish all text and content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
  • terminate any Licence of a Licensed Product.

Any obligation in this agreement intended to continue to have effect after termination shall so continue.

No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

When you visit Our Websites or send messages to us by email, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on Our Websites. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.

Any communication to be served on either of the Parties by the other shall be delivered by e-mail.

It shall be deemed to have been delivered:

by e-mail to the address from which the receiving party has last sent.

In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

This agreement does not give any right to any third party.

In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

The validity, construction and performance of this agreement shall be governed by the laws of Australia.

PRECEDENTS ONLINE SUBSCRIBER SERVICES

Through its websites, Precedents Online provides online access for subscribers to a variety of publications, content and resources, including legal guides, matter plans, commentaries, precedents, forms, reference materials, articles, bulletins, news and updates posts, audio and video recordings, compositions, software, communication services, artworks, products and product information (‘Precedents Online Services’).

The websites and Precedents Online Services are provided subject to these Terms of Service and the provisions of all applicable laws relating to the exploitation and protection of intellectual property, in relation to which Precedents Online assert and reserve all rights.

DISCLAIMER

Precedents Online’ provision of Products and/or Services does not constitute legal advice, financial advice or any other type of professional advice.

Precedents Online is a product designed for and marketed to lawyers, licensed conveyancers, paralegals, other legal support staff and law students (‘Legal professionals’).

Some Precedents Online Services may be applicable for accountants, financial consultants and other professional advisors (‘Other professionals’).

Precedents Online Services are not consumer products, nor consumer service, nor goods and services of a kind ordinarily acquired for personal, domestic or household user consumption.

Precedents Online Services are intended to assist Legal and Other professionals in delivering their professional services to their clients, but the facts of each case will be different and reliance upon Precedents Online Services may not always be appropriate.

Legal and Other professional subscribers must exercise their own professional skill and judgment when choosing and using the Precedents Online Services to assist with providing their professional services. Subscribers who are Legal or Other professionals must satisfy themselves that Precedents Online Services are appropriate for the particular case or circumstances of intended use. Precedents Online does not warrant that Precedents Online Services are free of defects, nor fit for any specific purpose. Precedents Online accepts no liability for any errors or omissions in Precedents Online Services, nor for any loss or damage allegedly resulting from or connected with the use of any Precedents Online Services.

Subscribers who are not Legal or Other professionals use Precedents Online Services strictly at their own risk and with the explicit acknowledgement that they are not purchasing consumer goods and services and are not receiving any legal or other professional advice.

Precedents Online recommends that any subscribers who are not Legal or Other professionals seek legal advice about any particular case or circumstances for which they intend to use Precedents Online Services.

SCOPE AND LIMITATION OF USE

Subscribers may use Precedents Online Services to:

inform themselves about the areas of law and practice covered in Precedents Online Services, including for the purposes of personal research or study;

comply with their professional development requirements;

obtain assistance with giving professional advice to their clients, including potential clients;

prepare documents, advices, papers, submissions, communications to and for clients and potential clients, tenders, reports, and any other documents they wish to create for their own personal or commercial purposes.

Subscribers may not use Precedents Online Services to:

compete with Precedents Online, which includes offering any Precedents Online precedents for re-sale;

infringe any Precedents Online copyright;

provide direct, unsupervised access to Precedents Online Services for the subscriber’s own clients;

break any law.

In the event of any unauthorised use of Precedents Online Services by a subscriber, Precedents Online may take any applicable action at law, including cancelling any subscription with or without refund, seeking urgent injunctive or declaratory relief, seeking an account of profits, or claiming damages, that Precedents Online considers appropriate, or may otherwise reserve any such rights. Reservation of any such rights will not constitute their waiver.

TECHNOLOGY

Use of Precedents Online Services requires a compatible device, internet access and certain software, any or all of which may require updates or upgrades from time to time. Because use of Precedents Online Services involves hardware, software, and internet access, a subscriber’s ability to use Precedents Online Services may be affected by the performance of these factors. High speed Internet access is strongly recommended. Subscribers acknowledge and agree that such system requirements are entirely their own responsibility and may change from time to time.

CANCELLATION POLICY

Precedents Online in its absolute discretion may immediately suspend, terminate or limit the access of any subscription to Precedents Online Services if Precedents Online consider on reasonable grounds that the subscriber is in breach of these Terms of Use

ACCOUNT INFORMATION

Subscription to Precedents Online Services requires registration, selection of a password and a username which is the subscriber’s email address and entry of a valid payment card for billing (‘Account information’).

Subscribers are responsible for the accuracy, currency and confidentiality of all Account information.

Subscribers are responsible for all access to the account and any usage of Precedents Online Services that occurs under the subscriber’s account, unless the subscriber has notified Precedents Online of any unauthorised access or use of the Account information, or any other relevant breach of security. Precedents Online will not be liable for any loss that a subscriber may incur as a result of someone else using their Account information, either with or without the subscriber’s knowledge.

Precedents Online is bound by and complies with applicable privacy legislation. Precedents Online keep all Account information confidential and secure. If there is ever a data breach which Precedents Online has reason to believe could cause harm to subscribers it will be promptly reported and disclosed.

THIRD PARTY WEBSITES

Precedents Online websites and Precedents Online Services contain links to third party websites (‘Links’).

Occasionally these Links may not work due to factors beyond Precedents Online’ control. Precedents Online repairs any ‘broken’ Links as soon as possible. However, there is no obligation upon Precedents Online to ensure that Links are operational and subscribers have no entitlement to any refund or compensation where Links are inoperable for any period

Precedents Online makes no warranties and accepts no liability for the Links including their content, accuracy, currency or reliability. Views or recommendations provided in the Links do not necessarily reflect those of Precedents Online.

DELIVERY

Precedents Online Services will be made available to the subscriber as soon as the credit card payment is processed. Confirmation and an invoice will be sent to the email address provided.

CANCELLATION

Precedents Online subscriptions have a minimum subscription period during which the subscriber cannot cancel the subscription. After the minimum subscription period the subscription continues until cancelled by the subscriber.

If the subscriber cancels within the minimum subscription period, the cancellation will take effect at the end of that period. The subscriber will continue to be billed for the subscription until the end of the minimum subscription period.

To cancel a subscription, email support@precedentsonline.com.au.

NO REFUNDS

Refunds are not issued for payments made in relation to any Precedents Online subscriptions. If a subscription is cancelled, access to the publication will continue until the end of the subscription period and no refund will be made.

AGREEMENT TO PAY

The subscriber agrees to pay for any subscriptions to Precedents Online Services and that Precedents Online may charge the payment card for those services and for any additional amounts arising including any taxes, recovery costs and late fees, as applicable. All fees will be billed to the payment card provided during the purchase process. To provide a different payment card or if there is a change in the existing payment card status, please update the payment card information on the Precedents Online website, by going to ‘My Account’.

PRICES

Prices of subscriptions are subject to change. Precedents Online reserves the right to change prices at any time and does not provide price protection or refunds in the event of a price drop or promotional offering. All prices are quoted in Australian dollars.

GOODS AND SERVICES TAX (‘GST’)

All subscriptions to Precedents Online Services are subject to GST.

BILLING DATE

For monthly subscriptions Precedents Online debits payments in advance on a monthly basis to the subscriber’s credit card. The monthly billing date is set when a subscriber makes their first payment on the Precedents Online website. Subsequent payments will be processed on the same date each month thereafter.

For annual subscriptions Precedents Online debits payments in advance annually.

HOW TO CONTACT US

You may contact us by email at support@precedentsonline.com.au or write to us at PO Box 220 CROWS NEST NSW 1585.