Website Terms of Use

Introduction

Welcome to the LegalVision website available at: legalvision.com.au (Site).  This website is owned and operated by LV Australia Pty Ltd (ABN 55 159 908 620), successors and assignees, (we or us).

These Services Terms and Conditions (Website Terms of Use) apply to every client who uses our information, documents, software, and any other products and/or services that we provide, including legal documents (together referred to as “Services”).  Please read these Website Terms of Use carefully.  By using our Services, including by purchasing LV Dox, you agree to comply with and be bound by our Website Terms of Use.

The terms “us”, “our” or “we” refers to LV Australia Pty Ltd, the company operating this Site under licence from LegalVision Pty Ltd. The terms “you” or “your” refers to the Site user, collectively referred to as “the Parties” or each a “Party”.  Our Terms and Conditions, Privacy Policy and Website Terms of Use (available on our Site) govern the relationship between LV Australia Pty Ltd and you in connection with the use of our Site and Services.

In using our Services, you warrant that you have had sufficient opportunity to access these Terms and Conditions and contact us, and that you have read, accepted and will comply with our Terms and Conditions, and that you are 18 years or older. If you do not agree to these Terms and Conditions, do not use our Site and/or Services.

Legal Relationship

LV Australia Pty Ltd operates the Site under licence from LegalVision Pty Ltd. LegalVision Pty Ltd owns the documents, software and intellectual property which can be accessed through the Site. By accessing the Site, downloading documents on it or using any of our Services, you are entering into an agreement with LV Australia Pty Ltd. You have no legal relationship with LegalVision Pty Ltd.

Online Documents

Visitors may download certain documents from our Site (Documents or LVDox), free of charge, as stated on our Site.

Use of the Documents is affected by factors outside of our control, including the software on your computer.  Microsoft Word users require one of the following versions, in order to use the Documents:

For Windows: Office 2010 or newer
For Macs: Office 2011 or newer

Legal Advice and Services

LV Australia Pty Ltd, and its parent company LegalVision Pty Ltd (collectively LegalVision) do not provide legal advice and services. You agree that LegalVision is a referrer only, putting you in touch with LegalVision ILP Pty Ltd and/or a lawyer who consults to LegalVision ILP Pty Ltd. Legal advice and services and some trademarking services are provided by LegalVision ILP Pty Ltd our related body corporate incorporated legal practice, and/or our network of solicitors, barristers, trademark consultants, patent attorneys and other specialists (each a LegalVision Consultant), if and when you engage one of them to provide legal advice and services to you.  If you engage one of them, please see the LegalVision ILP Pty Ltd Costs Agreement and Terms, or the relevant LegalVision Consultant’s Terms and Conditions for the terms and conditions that apply to their relationship with you. By using their services, you agree to be bound by their terms.

The terms and conditions under which we provide the LV Dox document plus review package are set out at LV Dox Terms, available on our website. By purchasing an LV Dox document and review package, you agree to be bound by the LV Dox Terms.

General Prices and Payment

Any payments for legal services made through the website are made to LegalVision ILP Pty Ltd and will go into LegalVision ILP Pty Ltd’s trust account. Once the legal services have been completed, as per the Scope of Work, the funds paid will be withdrawn from the LegalVision ILP Pty Ltd’s trust account, to be paid to the general account, and/or to the relevant LegalVision Consultant. Your solicitor/client relationship is solely with LegalVision ILP Pty Ltd or the LegalVision Consultant who assists you, not with LV Australia Pty Ltd or LegalVision Pty Ltd.

All prices displayed on legalvision.com.au are in Australian Dollars and are exclusive of GST unless otherwise stated. Our prices and payment methods may be amended from time to time in our discretion.

Restricted Use

You acknowledge and agree that:

(a)    the Site contains Documents which are licensed to us;

(b)   you are only permitted to use the Documents in the manner set out in these Terms and Conditions; and

(c)    copyright in the Documents belongs to Legal Vision Pty Ltd, and LV Australia Pty Ltd makes Documents available to you under licence from Legal Vision Pty Ltd as set out in these Terms and Conditions.

Once you have downloaded a Document you are permitted to:

(a)    download, save and amend the Document;

(b)   supply the Document to a lawyer for review and amendment; and

(c)   re-use the Document for your personal use or for the purposes of your business.

You agree not to:

(a)   use the Site or Services for unauthorised or unlawful purposes (unauthorised use of the Site and any of our Services may be a criminal offence and/or give rise to a claim for damages);

(b)   re-sell any Documents you have gained access to on this Site, which includes any Documents you have bought either on a per document basis or through a subscription;

(c)   re-sell or attempt to benefit in a commercial fashion from any of the content available on the Site;

(d)   post anything on the Site that is illegal, inappropriate, profane, obscene, defamatory, knowingly false and/or infringes copyright;

(e)   conduct surveys, contests, pyramid schemes or chain letters on the Site;

(f)   introduce any form of malicious software into the Site or Services; or

(g)   collect information about others on the Site without their consent.

You are not permitted to copy, reproduce, transmit electronically or otherwise use the Documents in whole or in part in order to re-sell them in any manner, whether in original form or amended in any way. The only exception to this is in relation to lawyers who have registered with us and requested and received written permission (including by email) to use the Documents as precedents.

Restricting Access

We reserve the right to restrict or terminate your access to our Site and any of our Services at any time without notice.

Competitors

Competitors, including companies offering online legal services or documents of any kind, are not permitted to access or use any Information or Documents accessible on legalvision.com.au and are not permitted to use our Site.

Cancellation by Us

Should we deem that you are acting contrary to the spirit of the Site, potentially using our Services for commercial gain, or in a manner which could damage our business and repute, we reserve the right to exclude you from the Site.

Intellectual Property and Moral Rights

You agree to provide information including Intellectual Property to us to enable us to provide the Services.

You:

(a)   warrant that you have all necessary rights to provide the Intellectual Property to us;

(b)   grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use the Intellectual Property in any way we require to provide the Services to you; and

(c)   consent to any act or omission which would otherwise constitute an infringement of your Moral Rights.

If you (or any employee or agent) have Moral Rights in any Intellectual Property that you provide to us, you:

(a)   irrevocably consent to any amendment of the Intellectual Property in any manner by us for the purposes of providing Services to you;

(b)   irrevocably consent to us using or applying the Intellectual Property for the purposes of providing Services to you without any attribution of authorship;

(c)   agree that your consent extends to acts and omissions of any of our licensees and successors in title; and

(d)   agree that your consent is a genuine consent under the Copyright Act 1968 (Cth) and has not been induced by duress or any false or misleading statement.

Personal and Confidential Information

You consent to us providing information, including personal information and Confidential Information, to (i) our related bodies corporate including LegalVision ILP Pty Ltd our incorporated legal practice related company, to provide information, products and services to you, and to (ii) third parties, including the LegalVision Network, agents, contractors and sub-contractors, insurance brokers and specialist lawyers who assist us in providing information, products and services to you.

We and you, including employees and contractors, agree not to disclose Confidential Information to additional third parties; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; and only to use your Confidential Information for the purpose for which it was disclosed by you and not for any other purpose.

These obligations do not apply to Confidential Information that:

  • is authorised to be disclosed;
  • is in the public domain and/or is no longer confidential, except as a result of breach of these Terms and Conditions;
  • is received from a third party, except where there has been a breach of confidence; or
  • must be disclosed by law or by a regulatory authority including under subpoena.

The obligations under this clause will survive termination of these Terms and Conditions.

Feedback and Dispute Resolution

Your feedback is important to us.  We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our Services, please contact us at info@legalvision.com.au.

If there is a dispute between the Parties in relation to these Terms and Conditions, the Parties agree to the following dispute resolution procedure:

(a)   The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute.  The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).

(b)   If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator.  The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.

Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms and Conditions, by law or in equity.

Limitation of Liability and Disclaimer

The information, including statements, opinions, documents and materials contained in this Site (Information) is for general information purposes only. The Information does not take into account your specific needs, objectives or circumstances, and it is not legal advice or services. Any reliance you place on the Information, and any use of the documents on the Site or our Services is at your own risk.

If you are not satisfied with any part of the Site, our Services or these Terms and Conditions, you should contact us, and cease using the Services.

Documents: You acknowledge that the Information and Documents may contain mistakes, inaccuracies and/or errors. LegalVision expressly excludes any liability for such mistakes, inaccuracies and errors to the fullest extent permissible by law. You should carefully review any Document accessed or created through the Site to ensure that it does not contain any mistakes, inaccuracies or errors and is appropriate to your circumstances.   We recommend that you obtain legal advice from a qualified solicitor if you are unsure whether a Document is appropriate to your circumstances.

Services: It is your responsibility to ensure that any Services or Information available through the Site meet your specific requirements. Before acting on any Information, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice, where necessary. Information provided on the Site and Services must not be relied upon for legal decisions; you should instruct a solicitor for legal advice and services.

Purpose: Neither LegalVision or legalvision.com.au provide any representation, warranty, indemnity or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the Information or documents found or offered on this Site for any particular purpose. We give no warranty, indemnity or guarantee that the documents or Site are free of viruses.

Currency and jurisdiction: The laws in each Australian jurisdiction vary between different jurisdictions, and are updated and amended from time to time. Although we seek to ensure that our documents are in line with the relevant laws and up to date, we make no such warranty or representation.  We recommend that you obtain legal advice from a qualified solicitor in your jurisdiction in relation to all legal matters.

Legal advice and services: While LegalVision takes care to choose lawyers, we make no representation or warranty as to the quality or appropriateness of any legal advice or services that LegalVision ILP Pty Ltd or any member of the LegalVision Network offers or provides to you. LegalVision is not responsible for, or liable for, the relationship between you and LegalVision ILP Pty Ltd, any member of the LegalVision Network, or any third party. We disclaim all responsibility and liability for the third party advice or provision of services, or failure to advise or provide services. No legal relationship exists between any user of this Site, LegalVision and/or legalvision.com.au or any of their related bodies corporate, including parent companies, subsidiaries or affiliates or their employees, directors or other officeholders.

ACL: Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights). Our liability is governed solely by the ACL and these Terms and Conditions.  We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights. Except for your Statutory Rights, all material and work is provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.

Consumer Guarantees: If you are a consumer as defined in the ACL, the following applies to you: We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.

Delay: Where the provision of Services depends on your information or response, we have no liability for a failure to perform the Services in this estimated period, which is affected by your delay in response, incomplete or incorrect information.

General: To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees, warranties and terms relating to the Information, Services and these Terms and Conditions, except as set out in these Terms and Conditions.  To the maximum extent permitted by law, we are not and will not be liable or responsible for any expenses, losses, costs or damages (whether direct or indirect) caused to or incurred by any user of the Information, Site or our Services, including damages for loss of use and/or loss of data, arising out of the performance of the Site and/or Services.

This clause will survive termination of these Terms and Conditions.

Indemnity

You are liable for and agree to indemnify, defend and hold us harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from: (i) any information that is not accurate, up to date or complete or is misleading or a misrepresentation; (ii) any breach of these Terms and Conditions; (iii) and any misuse of the Services; from or by you, your employees, contractors or agents.

You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.

The obligations under this clause will survive termination of these Terms and Conditions.

Communications

We are not under any obligation to monitor any communications entered into regarding the Services, but we have the right to check and investigate any such communications. We reserve the right to revoke your ability to communicate on the Site and/or to use our Services immediately at any time for any reason.

We do not endorse the content of any information posted on the Site other than that posted by one of employees or service providers.

Modifications

We reserve the right to amend in any way we see fit the Documents, and the Terms and Conditions under which the Services are offered, including but not limited to the costs associated with the use of the Site, our Services and our refund policy, without notice to you.

You agree that by continuing to use the Site and our Services after the date of any amendment to the Terms and Conditions you are agreeing to the relevant amendments.

General

Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth). Our Privacy Policy sets out the manner in which we and/or legalvision.com.au treat/s your personal information.

Publicity: You consent to us using advertising or publicly announcing that we have undertaken work for you.

Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.

GST: If and when applicable, GST payable on our Services will be set out on our Invoices.  By accepting these Terms and Conditions you agree to pay us an amount equivalent to the GST imposed on these charges.

Relationship of parties: The Terms and Conditions are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.

Severance: If any provision (or part of it) of the Terms and Conditions is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) of these Terms and Conditions cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and Conditions and the remaining provisions (and remaining part of the provision) of the Terms and Conditions are valid and enforceable.

Jurisdiction & Governing Law: The Terms and Conditions are governed and construed in accordance with the laws of NSW. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of NSW.

Entire Agreement: These Terms and Conditions make up the entire agreement between you, us and legalvision.com.au, and supersede any prior agreement, understanding or arrangement between you, us and legalvision.com.au, whether oral or in writing.

Definitions

Confidential Information includes confidential information about the business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, know-how, Intellectual Property, technology, and other information whether or not such information is reduced to a tangible form or marked in writing as “confidential”.

Intellectual Property includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), registered and unregistered trademarks, designs (whether or not registered or registrable), circuit layouts, trade names, trade secrets, business names, company names or internet domain names.

For questions and notices, please contact us at:

LV Australia Pty Ltd (ABN 55 159 908 620)

67 Fitzroy Street, Surry Hills NSW 2010

Document support: support@legalvision.com.au

General support: info@legalvision.com.au

Last update: 28 October 2014

© LegalVision ILP Pty Ltd 2014

Privacy Policy

This Privacy Policy sets out how LV Australia Pty Ltd (ABN 55 159 908 620), our parent company, Legal Vision Pty Ltd (ABN 83 155 748 628) and our sister company, LegalVision ILP Pty Ltd (ABN 50 167 804 088) (together the LegalVision Group or we) protect the privacy of personal information that is collected through the website available at legalvision.com.au (Site), or directly from you.  We are committed to ensuring that your privacy is protected. Please read this Privacy Policy carefully.

Should we ask you to provide any information by which you can be identified when using this Site, we assure you that it will only be used in accordance with this Privacy Policy and the Australian Privacy Principles.

You are not required to provide any personal information to us.  If you do not do so, but it may affect your use of this Site or the products and services offered on the Site.

This Privacy Policy may be amended from time to time with changes, additions and deletions, at our sole discretion. You should check this page regularly to ensure that you are aware of any changes. Your continued use of the Site following any amendments indicates that you accept the amendments.

Collection of personal information

The information that we collect may include:

  • names;
  • dates of birth;
  • job titles;
  • contact information, including email address;
  • demographic information such as postcodes;
  • other information relevant to the customisation of a document on the Site;
  • information about your business or personal affairs;
  • information about your legal needs;
  • other information relevant to client surveys and/or promotions; and
  • any other information requested on this Site or otherwise required by us or provided by you.

As with most online businesses, we may log information about your access and use of our Site, including through the use of Internet cookies, your communications with our Site, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider.

We may contact you to voluntarily respond to questionnaires, surveys or market research to seek your opinion and feedback.  Providing this information is optional to you.

We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.

Use of personal information

We collect and use personal information for the following purposes:

  • to provide information, products and services to you;
  • to respond to your queries for legal documents, advice and services;
  • to provide information to our network of solicitors, barristers and other specialists (each a LegalVision Consultant) for the purposes of assisting you and managing your matter;
  • to better understand your needs, enabling us to improve our products and services;
  • for internal record keeping;
  • to circulate promotional emails about new products and services, special offers or other information which we think you may find interesting;
  • to contact you for market research purposes;
  • direct marketing;
  • to customise the Site according to your interests; and
  • to customise documents according to your business needs.

We may contact you by a variety of measures including by telephone, email, sms or mail.

Disclosure of personal information

We may disclose personal information:

  • for the purpose of providing information, products and services to clients;
  • to credit reporting agencies and courts, tribunals, regulatory authorities where clients fail to pay for goods or services provided by us to them;
  • to 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;
  • to one or more LegalVision Consultants, for the purpose of providing information and services to you;
  • to the relevant third party or parties, with our client’s consent, if the matter involves third parties; and
  • to third parties, including agents, referral partners, contractors and sub-contractors for the purposes of providing information, products and services to you.  This may include parties located, or that store data, outside of Australia.

By providing us with personal information, you consent to this disclosure.  Where we disclose your personal information to third parties, we will request or otherwise seek to get comfortable that the third party follows the Australian Privacy Principles regarding handling your personal information.

If there is a change of control of our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases.  This information may be disclosed to a potential purchaser.  We would seek to only disclose information in good faith and where we have sought to maintain confidentiality.

Security

We are committed to ensuring that the information you provide to us 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 that information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

No information transmitted over the Internet can be guaranteed to be secure.  We cannot guarantee the security of any information that you transmit to us, or receive from us.  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 personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

How we use cookies

We may use cookies on our Site from time to time. A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs and preferences by collecting and remembering information about you.

We use traffic log cookies to identify which pages are being used. This helps us analyse information about web page traffic and improve our Site by tailoring it to your needs. We use this information for statistical analysis purposes only, following which the data is removed from the system.

Overall, cookies help us provide you with a better Site, by enabling us to monitor which pages you find useful and which you do not. A cookie does not give us access to your computer or any information about you, other than the data you provide to us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies but you can usually modify your browser settings to decline cookies if you prefer. This may, however, prevent you from taking full advantage of the Site.

We may also use web beacons on this Site from time to time. Web beacons or clear .gifs are small pieces of code placed on a web page to monitor the behaviour and collect data about the visitors viewing a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.

Links to other websites

Our Site may contain links to other websites of interest. Please note that we do not have any control over those websites. We are not responsible for the protection and privacy of any information which you provide whilst visiting such websites and such websites are not governed by this privacy policy. You should exercise caution when accessing such websites and look at the privacy policy applicable to the website in question.

Controlling your personal information

Choice and Consent: Providing us with your personal information is optional to you. You can choose not to provide personal information. When you provide us with your personal information, you consent to the terms in this Privacy Policy, and to us disclosing or receiving your personal information for these purposes. We will not sell, distribute or lease your personal information to third parties unless we have your permission or are legally required to do so.

Restrict: You may choose to restrict the collection or use of your personal information. 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, details below.

Access: You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information.  If you would like a copy of the information which we hold about you, please email us. We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.

Correction: If you believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us, details below. We rely in part upon clients advising us when their personal information changes.  We will respond to any request within a reasonable time and will endeavour to promptly correct any information found to be incorrect so that the information is accurate, up to date, complete, relevant and not misleading.

Unsubscribe: To unsubscribe from our e-mail database, or opt out of communications, please contact us at the details below.

Complaints

If you believe that we have breached the Australian Privacy Principles and wish to make a complaint about that breach then please email us setting out details of the breach. We will promptly investigate your complaint and will endeavour to respond to you in writing within 28 days setting out the outcome of our investigation, what steps we propose to take to remedy the breach and any other action we will take to deal with your complaint.

To contact our Privacy Officer, please contact us at:

LV Australia Pty Ltd/ LegalVision Pty Ltd/ LegalVision ILP Pty Ltd

67 Fitzroy Street, Surry Hills NSW 2010

info@legalvision.com.au

Last update: 28th October 2014

Terms & Conditions

TERMS AND CONDITIONS FOR WEBSITE

Introduction

Welcome to the LegalVision website available at: legalvision.com.au (Site).  This website is owned and operated by LV Australia Pty Ltd (ABN 55 159 908 620), successors and assignees, (we or us).

These Services Terms and Conditions (Terms and Conditions) apply to every client who uses our information, documents, software, and any other products and/or services that we provide (together referred to as “Services”).  Please read these Terms and Conditions carefully.  By using our Services, you agree to comply with and be bound by our Terms and Conditions.

The terms “us”, “our” or “we” refers to LV Australia Pty Ltd, the company operating this Site under licence from LegalVision Pty Ltd. The terms “you” or “your” refers to the Site user, collectively referred to as “the Parties” or each a “Party”.  Our Terms and Conditions, Privacy Policy and Website Terms of Use (available on our Site) govern the relationship between LV Australia Pty Ltd and you in connection with the use of our Site and Services.

In using our Services, you warrant that you have had sufficient opportunity to access these Terms and Conditions and contact us, and that you have read, accepted and will comply with our Terms and Conditions, and that you are 18 years or older. If you do not agree to these Terms and Conditions, do not use our Site and/or Services.

Legal Relationship

LV Australia Pty Ltd operates the Site under licence from LegalVision Pty Ltd. LegalVision Pty Ltd owns the documents, software and intellectual property which can be accessed through the Site. By accessing the Site, purchasing documents on it or using any of our Services, you are entering into a commercial agreement with LV Australia Pty Ltd. You have no legal relationship with LegalVision Pty Ltd.

Legal Advice and Services

LV Australia Pty Ltd, and its parent company LegalVision Pty Ltd (collectively LegalVision) do not provide legal advice and services. You agree that LegalVision is a referrer only, putting you in touch with LegalVision ILP Pty Ltd and/or a lawyer who consults to LV Australia Pty Ltd. Legal advice and services and some trademarking services are provided by LegalVision ILP Pty Ltd our related body corporate incorporated legal practice, and/or our network of solicitors, barristers, trademark consultants, patent attorneys and other legal specialists (each a LegalVision Consultant), if and when you engage one of them to provide legal advice and services to you.  If you engage one of them, please see their Terms and Conditions for the terms and conditions that apply to their relationship with you.

General Prices and Payment

You pay an upfront payment to LV Australia Pty Ltd, however your solicitor/client relationship is solely with LegalVision ILP Pty Ltd or the LegalVision Consultant who assists you, not LegalVision.  Part of that payment is paid to the entity that provides you with legal advice and services, being LegalVision ILP Pty Ltd or a LegalVison Consultant.

Online Documents

Clients may purchase documents from our Site (Documents), on a pay-per-document basis, or may pay a subscription fee that entitles them to produce and download an unlimited number of Documents during the term of the subscription.

Should you choose to purchase Documents on a pay-per-document basis, the price you will pay will be displayed once you have completed the relevant document questionnaire.

Should you choose to purchase a subscription, either on a monthly or annual basis, you will be deemed to have entered into a subscription contract with us. A contract is created once you agree to the Terms and Conditions and pay the relevant fee to us. Your subscription will automatically renew unless you cancel the subscription before the relevant renewal date. You authorise us to collect any applicable subscription fee, using any valid payment method we have on record for you.

If you enter into a monthly subscription plan, you will be charged the relevant monthly fee on the monthly anniversary of the day you first purchased your subscription (i.e. if you purchased your subscription on the 3rd of July, you will be charged on the 3rd of August, 3rd of September etc.). You will continue to be charged the relevant monthly fee until you cancel your subscription.

If you enter into an annual subscription plan, you will be charged the relevant annual fee on the annual anniversary of the day you first purchased your subscription (i.e. if you purchased your subscription on the 3rd of July 2013, you will be charged on the 3rd of July 2013, 3rd of July 2014 etc.). You will continue to be charged the relevant annual fee until you cancel your subscription.

You authorise us to charge the credit or debit card you supplied for your initial purchase on a monthly or annual basis. If we are unable to charge a credit or debit card that you have provided, you agree to provide the details of another credit card, or pay the amount owed in some other manner as agreed between yourself and us.

You acknowledge and agree that if we are unable to charge a credit or debit card that you have provided, we will cease to provide Services to you and you will not be able to log into our Site until payment is made.

All prices displayed on legalvision.com.au are in Australian Dollars and are exclusive of GST unless otherwise stated. Our prices and payment methods may be amended from time to time in our discretion.

Use of the Documents is affected by factors outside of our control, including the software on your computer.  Microsoft Word users require one of the following versions, in order to use the Documents:

For Windows: Office 2010 or newer
For Macs: Office 2011 or newer

Refund Policy

Should you purchase a subscription or document and be unable to produce and download one or more of our Documents, you should notify us by sending an email to support@legalvision.com.au. We will attempt to resolve the issue speedily.

If the issue remains unresolved 30 days after you have notified us of the issue, you will be entitled to either a full refund of your latest paid subscription fee, be it annual or monthly (if you have paid for the document(s) by way of subscription fee), or the price paid for the document(s) (if you have paid for the document(s) on a per document basis). Any request for a refund must be made within 60 days of the funds being debited from your credit card.

We stand behind our Services.  We offer you a money back guarantee for any Document purchased by you from LV Australia Pty Ltd, if you are unsatisfied with it and notify us in writing within 30 days of purchasing the relevant Document.  If you receive a money back guarantee from us in relation to a particular Document then you agree to delete the Document from your computer system and not use it, nor provide it to any other party (whether a related body corporate or an independent third party) at any time.

This money back guarantee does not apply to LegalVision ILP Pty Ltd, the LegalVision Network or a subscription plan.

If you cancel your subscription you will not receive a refund of any unused portion of the price paid for your subscription.

Restricted Use

You acknowledge and agree that:

(a)    the Site contains Documents which are licensed to us;

(b)   you are only permitted to use the Documents in the manner set out in these Terms and Conditions; and

(c)    copyright in the Documents belongs to Legal Vision Pty Ltd, and LV Australia Pty Ltd makes Documents available to you under licence from Legal Vision Pty Ltd as set out in these Terms and Conditions.

Once you have purchased a Document, either through a pay-per-document or subscription plan, you are permitted to:

(a)    download, save and amend the Document;

(b)   supply the Document to a lawyer for review and amendment; and

(c)    re-use the Document for your personal use or for the purposes of your business.

You agree not to:

(a)    use the Site or Services for unauthorised or unlawful purposes (unauthorised use of the Site and any of our Services may be a criminal offence and/or give rise to a claim for damages);

(b)   re-sell any Documents you have gained access to on this Site, which includes any Documents you have bought either on a per document basis or through a subscription;

(c)    re-sell or attempt to benefit in a commercial fashion from any of the content available on the Site;

(d)   post anything on the Site that is illegal, inappropriate, profane, obscene, defamatory, knowingly false and/or infringes copyright;

(e)   conduct surveys, contests, pyramid schemes or chain letters on the Site;

(f)     introduce any form of malicious software into the Site or Services; or

(g)    collect information about others on the Site without their consent.

You are not permitted to copy, reproduce, transmit electronically or otherwise use the Documents in whole or in part in order to re-sell them in any manner, whether in original form or amended in any way. The only exception to this is in relation to lawyers who have registered with us and requested and received written permission (including by email) to use the Documents as precedents.

Restricting Access

We reserve the right to restrict or terminate your access to our Site and any of our Services at any time without notice.

Competitors

Competitors, including companies offering online legal services or documents of any kind, are not permitted to access or use any Information or Documents accessible on legalvision.com.au and are not permitted to use our Site.

Cancellation by Us

Should we deem that you are acting contrary to the spirit of the Site, potentially using our Services for commercial gain, or in a manner which could damage our business and repute, we reserve the right to exclude you from the Site and/or cancel your subscription, and we are under no obligation to make any refund to you.

Intellectual Property and Moral Rights

You agree to provide information including Intellectual Property to us to enable us to provide the Services.

You:

(a)    warrant that you have all necessary rights to provide the Intellectual Property to us;

(b)   grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use the Intellectual Property in any way we require to provide the Services to you; and

(c)    consent to any act or omission which would otherwise constitute an infringement of your Moral Rights.

If you (or any employee or agent) have Moral Rights in any Intellectual Property that you provide to us, you:

(a)    irrevocably consent to any amendment of the Intellectual Property in any manner by us for the purposes of providing Services to you;

(b)   irrevocably consent to us using or applying the Intellectual Property for the purposes of providing Services to you without any attribution of authorship;

(c)    agree that your consent extends to acts and omissions of any of our licensees and successors in title; and

(d)   agree that your consent is a genuine consent under the Copyright Act 1968 (Cth) and has not been induced by duress or any false or misleading statement.

Personal and Confidential Information

You consent to us providing information, including personal information and Confidential Information, to (i) our related bodies corporate including LegalVision ILP Pty Ltd our incorporated legal practice related company, to provide information, products and services to you, and to (ii) third parties, including the LegalVision Network, agents, contractors and sub-contractors, who assist us in providing information, products and services to you.

We and you, including employees and contractors, agree not to disclose Confidential Information to additional third parties; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; and only to use your Confidential Information for the purpose for which it was disclosed by you and not for any other purpose.

These obligations do not apply to Confidential Information that:

  • is authorised to be disclosed;
  • is in the public domain and/or is no longer confidential, except as a result of breach of these Terms and Conditions;
  • is received from a third party, except where there has been a breach of confidence; or
  • must be disclosed by law or by a regulatory authority including under subpoena.

The obligations under this clause will survive termination of these Terms and Conditions.

Feedback and Dispute Resolution

Your feedback is important to us.  We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our Services, please contact us at info@legalvision.com.au.

If there is a dispute between the Parties in relation to these Terms and Conditions, the Parties agree to the following dispute resolution procedure:

(a)    The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute.  The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).

(b)   If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator.  The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.

Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms and Conditions, by law or in equity.

Limitation of Liability and Disclaimer

The information, including statements, opinions, documents and materials contained in this Site (Information) is for general information purposes only. The Information does not take into account your specific needs, objectives or circumstances, and it is not legal advice or services. Any reliance you place on the Information, and any use of the documents on the Site or our Services is at your own risk.  If you are not satisfied with any part of the Site, our Services or these Terms and Conditions, you should contact us, and cease using the Services.

Documents: You acknowledge that the Information and Documents may contain mistakes, inaccuracies and/or errors. LegalVision expressly excludes any liability for such mistakes, inaccuracies and errors to the fullest extent permissible by law. You should carefully review any Document accessed or created through the Site to ensure that it does not contain any mistakes, inaccuracies or errors and is appropriate to your circumstances.   We recommend that you obtain legal advice from a qualified solicitor if you are unsure whether a Document is appropriate to your circumstances.

Services: It is your responsibility to ensure that any Services or Information available through the Site meet your specific requirements. Before acting on any Information, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice, where necessary. Information provided on the Site and Services must not be relied upon for legal decisions; you should instruct a solicitor for legal advice and services.

Purpose: Neither LegalVision or legalvision.com.au provide any representation, warranty, indemnity or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the Information or documents found or offered on this Site for any particular purpose. We give no warranty, indemnity or guarantee that the documents or Site are free of viruses.

Currency and jurisdiction: The laws in each Australian jurisdiction vary between different jurisdictions, and are updated and amended from time to time. Although we seek to ensure that our documents are in line with the relevant laws and up to date, we make no such warranty or representation.  We recommend that you obtain legal advice from a qualified solicitor in your jurisdiction in relation to all legal matters.

Legal advice and services: While LegalVision takes care to choose lawyers, we make no representation or warranty as to the quality or appropriateness of any legal advice or services that LegalVision ILP Pty Ltd or any member of the LegalVision Network offers or provides to you. LegalVision is not responsible for, or liable for, the relationship between you and LegalVision ILP Pty Ltd, any member of the LegalVision Network, or any third party. We disclaim all responsibility and liability for the third party advice or provision of services, or failure to advise or provide services. No legal relationship exists between any user of this Site, LegalVision and/or legalvision.com.au or any of their related bodies corporate, including parent companies, subsidiaries or affiliates or their employees, directors or other officeholders.

ACL: Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights). Our liability is governed solely by the ACL and these Terms and Conditions.  We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights. Except for your Statutory Rights, all material and work is provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.

Consumer Guarantees: If you are a consumer as defined in the ACL, the following applies to you: We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.

Delay: Where the provision of Services depends on your information or response, we have no liability for a failure to perform the Services in this estimated period, which is affected by your delay in response, incomplete or incorrect information.

General: To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees, warranties and terms relating to the Information, Services and these Terms and Conditions, except as set out in these Terms and Conditions.  To the maximum extent permitted by law, we are not and will not be liable or responsible for any expenses, losses, costs or damages (whether direct or indirect) caused to or incurred by any user of the Information, Site or our Services, including damages for loss of use and/or loss of data, arising out of the performance of the Site and/or Services.

This clause will survive termination of these Terms and Conditions.

Indemnity

You are liable for and agree to indemnify, defend and hold us harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from: (i) any information that is not accurate, up to date or complete or is misleading or a misrepresentation; (ii) any breach of these Terms and Conditions; (iii) and any misuse of the Services; from or by you, your employees, contractors or agents.

You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. 

The obligations under this clause will survive termination of these Terms and Conditions.

Communications

We are not under any obligation to monitor any communications entered into regarding the Services, but we have the right to check and investigate any such communications. We reserve the right to revoke your ability to communicate on the Site and/or to use our Services immediately at any time for any reason.

We do not endorse the content of any information posted on the Site other than that posted by one of employees or service providers.

Modifications

We reserve the right to amend in any way we see fit the Documents, and the Terms and Conditions under which the Services are offered, including but not limited to the costs associated with the use of the Site, our Services and our refund policy, without notice to you.

You agree that by continuing to use the Site and our Services after the date of any amendment to the Terms and Conditions you are agreeing to the relevant amendments.

General

Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth). Our Privacy Policy sets out the manner in which we and/or legalvision.com.au treat/s your personal information.

Publicity: You consent to us using advertising or publicly announcing that we have undertaken work for you.

Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.

GST: If and when applicable, GST payable on our Services will be set out on our Invoices.  By accepting these Terms and Conditions you agree to pay us an amount equivalent to the GST imposed on these charges.

Relationship of parties: The Terms and Conditions are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.

Severance: If any provision (or part of it) of the Terms and Conditions is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) of these Terms and Conditions cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and Conditions and the remaining provisions (and remaining part of the provision) of the Terms and Conditions are valid and enforceable.

Jurisdiction & Governing Law: The Terms and Conditions are governed and construed in accordance with the laws of NSW. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of NSW.

Entire Agreement: These Terms and Conditions make up the entire agreement between you, us and legalvision.com.au, and supersede any prior agreement, understanding or arrangement between you, us and legalvision.com.au, whether oral or in writing.

Definitions

Confidential Information includes confidential information about the business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, know-how, Intellectual Property, technology, and other information whether or not such information is reduced to a tangible form or marked in writing as “confidential”.

Intellectual Property includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), registered and unregistered trademarks, designs (whether or not registered or registrable), circuit layouts, trade names, trade secrets, business names, company names or internet domain names.

For questions and notices, please contact us at:

LV Australia Pty Ltd (ABN 55 159 908 620)

67 Fitzroy Street, Surry Hills NSW 2010

Document support: support@legalvision.com.au

General support: info@legalvision.com.au

Last update: 30 April 2014

© LegalVision ILP Pty Ltd 2014

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Our Awards

  • Innovator of the Year – 2016 Australian Law Awards
  • Professional Services Business of the Year – 2016 Optus MyBusiness Awards
  • Boutique Diversity Law Firm of the Year – 2015 Women in Law Awards
  • Startup Disruptor and Next Rich Award Finalist – 2016 PwC Aspire Awards
  • Client Service and Delivery Award Winner – 2016 InfoTrack Client Centricity Awards
  • Innovator of the Year Finalist – 2016 Optus MyBusiness Awards