Terms & Conditions
Law On Earth Clients
The Customers Terms of Use are the rules by which you need to comply to continue using the Law On Earth platform. Its important that there are terms in place to keep everyone’s details safe and to provide a positive experience for all users. If you have questions, please get in touch with us. We’ll let you know if the Terms change, as you must comply with the latest set of Terms at all times.
Law On Earth is a
public self-service platform which connects customers to advisors, provides the
ability for customers to create documents, perform searches and incorporate
companies online, and provides education on a variety of topics in a secure
environment. In order to provide you
with the best user experience and protect your interests and the interests of
other members on our Site and/or App, we require all users of the Site and/or
App to comply with the following Customer Terms of Use, the Advisor Terms of Use (if you are also an Advisor) and the Privacy Policy.
In these terms and conditions:
·
“App”
means any application we create and provide for you in the future in relation
to our Site www.lawonearth.com.au;
·
“Customer” means you and any other user of the
platform;
·
“including” and similar
words do not imply any limit or restriction;
·
“loss” means loss of
profits, savings, revenue or data, and any other claim, damage, loss, liability
and cost, including legal costs on a solicitor and own-client basis;
·
“Parent Account” means an account set up under
the umbrella of another entity which may be an employer, accelerator,
accounting advisor, financial planner or another type of entity or third party
which has corporate access to the Platform, whether or not that third party
pays for your access to the Platform and services or not;
·
“Platform”
means the platform you have access to once you log on to www.lawonearth.com.au;
·
“Personal
Information” means any information about an identifiable living person;
·
“Professional
Indemnity Insurance” means the legal advice insurance each Advisor must
have and maintain to be an Advisor in the Site, Platform &/or App, and
which will cover each Customer they give advice to in the Site, Platform
&/or App;
·
“Site"
means www.lawonearth.com.au;
·
“us”,
“we” or “our” means Law On Earth AU Pty Ltd ACN 626
822 606 of Level 54, 111
Eagle Street, Brisbane City QLD 4000, our directors, shareholders, employees,
agents, assigns and any associated entity;
It is important to us that you understand these
terms and conditions which relate to your ongoing use of the Site www.lawonearth.com.au, the Platform once you have
logged in, and any future App we create to enhance your user experience (the
"Site, Platform &/or App"). If you have any questions, please
contact us via the Contact Us page on www.lawonearth.com.au.
Agreement
1. By accessing and
using the Site, Platform &/or App, you agree to be bound by these Customer
Terms of Use, our Privacy Policy
and any other terms and conditions, notices and disclaimers displayed elsewhere
on the Site, Platform &/or App relating to your use of the Site, Platform
&/or App ("Terms of Use").
2. We may change any
of the terms noted in clause 1 above at any time without notice to you, or your
consent. If we do change any terms, an amended version of the Terms of Use will
be posted on the Site, Platform &/or App and we will endeavour
to email a copy to you however are not obliged to. You are responsible for
ensuring that you regularly review the Terms of Use and your continued use of
the Site, Platform &/or App after any changes are made to the Terms of Use
will be deemed to constitute your acceptance of those changes. If you object to
any changes to the Terms of Use, or otherwise become dissatisfied with your
membership of, or association with, the Site, Platform &/or App, your only
remedy is to immediately:
(a)
discontinue your use of the Site, Platform
&/or App; and/or
(b)
terminate your membership in accordance with the
Customer Terms of Use.
3. You must:
(a)
not act in a way, or use or
introduce anything (including any virus, worm, Trojan horse, timebomb,
keystroke logger, spyware or other similar feature) that in any way
compromises, or may compromise, the Site or any underlying system within the
Platform, or otherwise attempt to damage or interfere with the Site, Platform &/or App
or any underlying system within the Site, Platform &/or App; and
(b) unless
with our agreement, access the Site, Platform &/or App
via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or
spider, automation, or any similar data gathering, extraction or monitoring
method.
4. We
(and/or our licensors) own all proprietary and intellectual property rights in
the Site,
Platform &/or App (including all information, data,
text, graphics, artwork, photographs, logos, icons, sound recordings, videos
and look and feel), and the
underlying systems which supports the Site, Platform &/or App, excluding
any articles, videos, infographics, or material of any other medium which is
owned by the lawyer, law firm or entity noted as the author on such material
(“Advisor Material”).
5. We
will use best endeavours to monitor the Advisor Material and request any materials
are updated as the laws change, however you are encouraged at all times to book
a legal advice session with an Advisor whenever you have a legal issue and not
just rely on the general information provided in any Advisor Material including
any material or guides provided by us in the Site, Platform &/or App,
which has not been drafted in a way to consider your personal situation. Such information is only general in nature to
give you information about that field of law so you
have a better understanding when you seek advice on your situation.
6. While we use
reasonable endeavours to ensure that the Site,
Platform &/or App are available 24 hours a day, we do not make any
representations or warranties that your access will be uninterrupted or error
free. Access to the Site, Platform &/or App may be suspended temporarily
without notice in the case of system failure, maintenance or repair or any reason
beyond our control, and you hold us harmless where we experience any of these
issues, or any delay of access to the Site, Platform &/or App causes an
issue for you or another person.
7. To
the extent permitted by law, we and our licensors have no liability or
responsibility to you or any other person for any Loss in connection with:
(a)
the Site, Platform &/or App
being unavailable (in whole or in part) or performing slowly;
(b)
any error in, or omission from,
any information made available through the Site, Platform &/or App;
(c)
advice provided by an Advisor
whether in video format, in the chat function or any other means, and whether
given in the Site, Platform
&/or App or provided to you direct by that Advisor, or an associate of that
Advisor, whom you were connected with or made aware of (directly or indirectly)
via the Site, Platform &/or App;
(d)
documents you created using the
system where you did not seek advice on the suitability of the document;
(e)
the content in the Learning Centre,
in any Advisor Material or any material or guides provided by us as general
information;
(f)
any exposure to viruses or other
forms of interference which may damage your computer system or expose you to
fraud when you access or use the Site, Platform &/or App. To avoid doubt, you are responsible for
ensuring the process by which you access and use the Site, Platform &/or App
protects you from this; and
(g)
any site linked from the Site, Platform &/or App. Any link on the Site, Platform &/or App
to other sites does not imply any endorsement, approval or recommendation of,
or responsibility for, those sites or their contents, operations, products or
operators.
8.
We make no
representation or warranty that the Site, Platform &/or App is appropriate or available for use in all countries or that
the content satisfies the laws of all countries. You are responsible for ensuring that your
access to and use of the Site, Platform &/or App is not illegal or prohibited, and for your own compliance with
applicable local laws.
9.
To the maximum
extent permitted by law:
(a)
you access and use the Site, Platform &/or App
at your own risk; and
(b)
we are not liable or responsible
to you or any other person for any Loss under or in connection with these
Terms, the Site, Platform
&/or App, or your access and use of (or inability to access or use) the Site, Platform &/or App. This exclusion applies regardless of whether
our liability or responsibility arises in contract, tort (including
negligence), equity, breach of statutory duty, or otherwise.
Membership and Subscription
10. You must be 18
years of age or older to become a member of the Site, Platform &/or App,
even if you have express parental or guardian consent to join. If you are under 18 years of age, you will
require an adult to set up an account in their own name and to help you
in finding the advice you need whilst in their care as you are unable to enter
into an agreement to the Customer terms as a minor (under 18 years of age).
11. When registering
as a member of the Site, Platform &/or App, you must provide us with
accurate, complete and up-to-date information as requested. It is your
responsibility to inform us of any changes to that information. You may do this
at any time by accessing your personal profile on the Platform &/or App.
12. As a member of the
Site, Platform &/or App, you are permitted to create one profile for yourself
on that Site, Platform &/or App. You must not create multiple member
profiles on the one Site, Platform &/or App without our express
consent. Where an employer has provided
you with access to a corporate account, this will be an acceptable reason for
having more than one account. Where you
forget your password, you must have it reset, not set up a new account. You must not create an account for another
person unless you are a carer, guardian, employee or
agent for that person and they have expressly requested you set up a profile
for them.
13. All personal
information you provide to us will be treated in accordance with our Privacy
Policy.
14. You understand and
accept that the information provided in the Site, Learning Centre and the Platform
provides general information only and
does not consider your personal circumstances. You must seek legal advice on your particular
circumstances by engaging an Advisor for a recorded video call if you wish to
rely on such information.
15. Should you rely on
the general information and suffer loss, you hold us completely harmless for
any loss or damage. No legal insurance attaches to any free information in the Site,
Platform &/or App including but not limited to the Advisor Material, any
material we provide and any other information you obtain from the Site,
Platform &/or App. Insurance
attaches only to advice you obtain from the Advisor in the recorded Advice
Session.
16. Where you have
been provided with access to the Site, Platform &/or App through Parent
Account, whether or not that Parent Account is paying for your access, any
service we provide or Advice Sessions; you are still bound by these Customer
Terms and you hold both us and the Parent Account harmless for any advice
you engage in with Advisors, and warrant that you will follow the correct
procedures to make a complaint about that Advisor and pursue them legally in
the event you suffer loss or harm from advice they provided, noting that
Advisor’s own insurance attaches to the advice to you.
17. As to any
documents you create, seeking advice is not mandatory, however, you are liable
for ensuring that the options you select work for your personal situation and
that you seek advice from an Advisor in the platform before using the documents
if you wish to do so. We hold the
intellectual property in all documents you create and provide you with a
license to use the documents for a purpose that does not directly or indirectly
conflict with clause 19 below.
18. For any
companies that you incorporate in the Site, Platform &/or App, you are
liable for providing the right information to ASIC and seeking legal advice on
what legal structure if right for you prior to setting up any entities if you
are not experienced in doing this. We
cannot close down the company for your or get your money back from ASIC once
you have lodged the company for registration so you must ensure you enter the
correct information or save the application and seek advice prior to lodgment.
You must not set up any fake companies and indemnify us for any breach of this
clause.
19. Other law
firms, lawyers, businesses, individuals and entities with a direct or indirect
competitive interest are prohibited from copying and/or using the material on
the Site, Platform &/or App for commercial purposes including but not
limited to setting up an online platform, without our consent, and from luring
Customers within the Site, Platform &/or App away using any means including
but not limited to the chat function or recorded video calls sessions. Using our precedents for Customers within
your own business or law firm is an acceptable use however copying the
precedent ((in whole or in part, even if you amend it slightly) to avoid use of
the platform or copying the human guide (in whole or in part) and applying your
own branding will be considered an abuse of our intellectual property rights
and the IP Licence provided to you to use the material.
20. By creating a
profile on the Site, Platform &/or App or using the Site, Platform &/or
App for any period of time, you agree to not in any way and via any medium,
derogate Law On Earth AU Pty Ltd, it’s directors, employees, agents and
associates at any time. If you have a
complaint, you must make this in writing to us via the Contact Us page,
directly to the Privacy Officer as noted in the Privacy Policy, or by calling
us on 1300 66 46 88 so that we may assist you with
a resolution where possible.
Termination and suspension
21. You may terminate
your membership of the Site, Platform &/or App for any reason by providing
written notice to us. You can provide notice of termination by:
(a)
mailing it to our postal address listed on the Contact
Us page; or
(b)
messaging us via the Contact Us page.
22. We reserve the
right to, without limitation, do any or all of the following in relation to
your membership:
(a) suspend your
membership;
(b) permanently or
temporarily hide all or part of your member profile;
(c)
modify your member profile;
(d) terminate your
membership at the end of your current billing cycle for any reason by providing
prior notice to you;
(e) terminate your
membership immediately without notice to you if you have committed a breach of
the Terms of Use;
(f)
deactivate your membership if you have not used
the Site, Platform &/or App for a period of 12 months or more (from the
date of last use); and/or
(g) permanently or
temporarily block your access to all or part of the Site, Platform &/or
App.
Service and Features
23. You may become a
member of the Site, Platform &/or App at no cost, however this will entitle
you to have access to the free material in the Learning Centre only. To create documents, set up a company or book
a legal advice session, you will need to pay for each of these services on a
Pay As You Go basis.
To obtain lower prices on documents,
company incorporation and advice sessions, you will need to sign up as a Premium
Member or for a subscription, unless you have access to a corporate deal
provided by your employer under a Parent Account.
24. As a Member,
you will have the ability to access features and services available on the
Site, Platform &/or App (such as discounted advice rates, subscription
services or any chargeable service or feature that becomes available from time
to time).
25. To book legal
advice sessions online, you must be a member and verify your identification
first before you will be able to access any Advisor’s calendar to book in a
session. You must not use fake
identification or impersonate another person at any time during your use of the
Site,
Platform &/or App.
26. We will charge you
fees based on what services you contract with us to receive and we reserve the
right to change these fees at expiry of the current term for which you have
paid, from time to time without notification directly to you. Notification of fee increases will be made in
the platform and your continuing to use the services will be your express
acceptance of the new pricing.
27. In the event we
offer physical products ("Goods") for purchase at any time, all
purchases, postage and insurance costs are to be paid for by you prior to the Goods
being shipped.
28. Risk passes to you
upon your payment of the Goods.
Therefore, you are responsible for any damage incurred during shipping
and you elect to take out insurance cover or otherwise at your own risk. To the extent permitted by law, we disclaim
any liability for items damaged after risk has passed, where the Goods are not
insured, or fall outside the scope of the insurance policy.
29. To the extent
permitted by law, we do not warrant that the products will be fit for purpose
or of a particular merchantable quality.
We do not facilitate refunds from the third-party supplier for change of
mind so please choose carefully.
30. Further details
and any additional terms and conditions relating to any future features and
services (including pricing for any future chargeable services) will be made
available on the Site, Platform &/or App. Any such additional terms and
conditions form part of the Terms of Use.
31. Should we choose
in the future to implement a chargeable service or feature, we reserve the
right to change the pricing for any chargeable service or feature on the Site,
Platform &/or App at any time. If you are unhappy with a change of pricing,
you are entitled to discontinue your use of the Site, Platform &/or App or
terminate your membership in accordance with the Terms of Use.
32. In the event of
unusual activity, we reserve the right to temporarily or permanently suspend
your account and contact you, or any other relevant third party to report such
unusual activity.
33. We reserve the
right to change or discontinue any service or feature of the Site, Platform
&/or App in whole or in part any time.
Payment
34. You are
responsible for maintaining the confidentiality and security of your credit
card or debit card details. We do not store
this information and you are entering it directly into our Stripe Payment
Gateway, therefore by agreeing to our terms, you are also agreeing to Stripe’s terms
which can be accessed here.
35. You must ensure
that your credit card or debit card has access to sufficient funds for any
subscription you purchase and for any services you wish to purchase.
36. You may cancel
subscriptions right up until one day prior to the subscription renewing to make
the most of your subscription time, but it is it is solely your responsibility
to turn off or cancel the subscription and you will not be entitled to a refund
as full access to that subscription will remain available to you until you turn
it off.
37. In the event you
have been given access to pre-paid advice sessions as part of a Parent Account,
you must use your own credit card or debit card to access additional advice
sessions above the agreed amount that has been prepaid. Given you may not have a credit card in place
when you use your prepaid advice sessions, if you have used up that time and
need to extend the advice session, you will not be able to do this. You would in that situation need to end the
session and put in your credit card details, then book another advice session
with the Advisor. You can then extend as
many times as you like as you will be paying for the sessions.
Secure access
38. You are
responsible for maintaining the confidentiality and security of your login and
password.
39. You are wholly
responsible for all activities that occur under your login and password.
40. You agree to
immediately notify us of any unauthorised use of your
login or password.
41. You must ensure
that you exit from your account at the end of each session.
42. We may at any time
request a form of identification to verify your identity and/or your compliance
with the Terms of Use.
Content
43. Any images,
sounds, or text (Content) that you transmit or post on the Site, Platform
&/or App, or otherwise transmit to any other member of the Site, Platform
&/or App by any other means, must be complete and accurate.
44. You agree not to
post or transmit on the Site, Platform &/or App, or otherwise transmit to
any other member of the Site, Platform &/or App by any other means, Content
that:
(a) is unlawful,
obscene, defamatory, indecent, offensive or inappropriate;
(b) is false or
misleading in any way;
(c)
infringes the rights of any third party;
(d) you do not have a
right to make available under any law or contractual obligation;
(e) is sexually
explicit or contains sexual references / innuendo;
(f)
pertains to group sexual activity or soliciting
contact for the purpose of extra marital (marital, de facto or relationship)
encounters or affairs;
(g) contains
restricted or password only access pages, or hidden content; or
(h) contains viruses,
or other computer codes, files or programs designed to interrupt, limit or
destroy the functionality of other computer software or hardware.
45. Without limiting
the above, you must not transmit or post on the Site, Platform &/or App, or
otherwise transmit to any other member of the Site, Platform &/or App by
any other means, any images that contain:
(a) images of any
person other than you (without their consent);
(b) material,
cartoons, pictures or text that is offensive or potentially likely to offend,
discriminate, defame or cause social concern; or
(c)
nudity.
46. You are solely
responsible for Content that you transmit or post on the Site, Platform
&/or App, or otherwise transmit to any member of our Site, Platform
&/or App by any other means.
47. We are not
responsible for, and accept no liability with respect to, any Content
transmitted or posted on the Site, Platform &/or App, or otherwise
transmitted to any member of the Site, Platform &/or App by any other
means, by any person.
48. We reserve the
right, but have no obligation, to review Content transmitted or posted on the
Site, Platform &/or App, or (where possible) otherwise transmitted to any
member of the Site, Platform &/or App by any other means.
49. Without limiting
your responsibilities under the Terms of Use, we reserve the right to modify
and/or remove any Content that, in our opinion, violates the Terms of Use or
otherwise has the potential to harm, endanger or violate the rights of any
person.
50. We do not make any
representations or warranties as to the accuracy, reliability or completeness
of any Content posted or transmitted on the Site, Platform &/or App, or
otherwise transmitted to any other member of the Site, Platform &/or App by
any other means, by any person. Furthermore, we do not endorse any opinion,
advice or statement made by any person other than us. We do not accept any
liability for any loss, damage, cost or expense resulting from anyone's
reliance on Content posted or transmitted on the Site, Platform &/or App,
or otherwise transmitted to any other member of the Site, Platform &/or App
by any other means.
Use of the Site, Platform
&/or App and prohibited activities
51. You agree not to
use the Site, Platform &/or App (or contact any other member of our Site,
Platform &/or App) to:
(a) defame, abuse,
harass, stalk, threaten or otherwise offend others;
(b) engage in or
promote any surveys, contests, pyramid schemes, chain letters, unsolicited
e-mailing or spamming;
(c)
impersonate or create a profile for any person
or entity;
(d) promote, or
provide information about, illegal activities or conduct;
(e) promote racism,
bigotry, hatred, harassment or any kind of harm against any group or
individual;
(f)
exploit any person under the age of 18, or to
solicit information from anyone under 18; or
(g) solicit money,
passwords or personal information from any person.
52. You also agree not
to:
(a) use any robot,
spider, or other device or process to retrieve, index, or in any way reproduce
or circumvent the navigational structure or presentation of the Site, Platform
&/or App;
(b) "frame"
or "mirror" any part of the Site, Platform &/or App without our
prior written authorization;
(c)
use code or other devices containing any
reference to the Site, Platform &/or App to direct other persons to any
other web page;
(d) except and only to
the extent permitted by law, modify, adapt, sublicense, translate, sell,
reverse engineer, decipher, decompile or otherwise disassemble any portion of
the Site, Platform &/or App or cause any other person to do so.
53. The Site, Platform
&/or App are for the personal use of individual members only and business
owners may highlight their business in the Biography section of the Portal but
not use the portal to directly sell their products/services, only build
relationships so that such selling of products or services is done outside of
the Portal. The Site, Platform &/or App must not be used for commercial endeavours, including advertising, selling or hiring
products or services, collecting names and/or email addresses or sending
unsolicited emails. Unauthorised framing / linking to
the Site, Platform &/or App is prohibited.
54. We have no
obligation to monitor any member's use of our Site, Platform &/or App,
however, we reserve the right at all times to monitor, retain and disclose any information
as necessary to satisfy any applicable law, legal requirement, police
investigation or governmental request.
Safe interaction, complaints
and disputes
55. Unfortunately, it
is possible that other members of the Site, Platform &/or App may use the
Site, Platform &/or App in violation of the Terms of Use. For example, it
is possible that another member may post or transmit on the Site, Platform
&/or App Content that is obscene or offensive, or use the Site, Platform
&/or App to harass you.
56. We urge you to be
cautious when interacting with other members of the Site, Platform &/or
App. You should carefully select the Content that you post or transmit on the
Site, Platform &/or App, or otherwise transmit to any other member by any
other means. You must not include any telephone numbers, street addresses, last
names, URLs or email addresses in your member profile. Any Content that you
transmit or post on the Site, Platform &/or App, or otherwise transmit to
any other member of the Site, Platform &/or App by any other means, will be
considered non-confidential.
57. If you are
experiencing problems with any other member of the Site, Platform &/or App
and would like to make a complaint, please send us an email via the Contact Us
page.
58. We may record and
store any information relating to any complaint made against you.
59. We reserve the
right, but have no obligation, to monitor disputes between members of the Site,
Platform &/or App.
60. You agree to hold
us harmless in connection with any dispute or claim that you make against any
other member of the Site, Platform &/or App.
Intellectual property
61. We own and retain
all proprietary rights in and relating to the Site, Platform &/or App.
Proprietary rights in and relating to the Site, Platform &/or App must not
be used in any way without our prior written consent.
62. You warrant that
any Content that you post or transmit on the Site, Platform &/or App, or
otherwise transmit to any other member of our Site, Platform &/or App by
any other means, will not infringe the intellectual property rights of any
third party.
63. Subject to our
obligations under the Privacy Policy, you
grant us the right to use, reproduce, publish, store, modify or transmit, in
any form or by any means, in whole or part, your Content for any purpose. You warrant
that you have the right to grant us such rights.
64. No person may use,
reproduce, publish, store, modify or transmit, in any form or by any means, in
whole or part, any Content posted or transmitted on our Site, Platform &/or
App, or otherwise transmitted to any member of our Site, Platform &/or App,
other than their own Content, without the express written permission of the
relevant owner.
65. If you believe
that any Content has been posted or transmitted on the Site, Platform &/or
App, or otherwise transmitted to any member of our Site, Platform &/or App
by any other means, in violation of your rights, please send us an email via
the Contact Us page.
External activities
66. From time to time,
we may promote, advertise, or sponsor functions, events, offers, products,
services, competitions or other activities that may be conducted offline and
may be conducted by third parties ("External Activities").
67. External
Activities may be subject to separate terms and conditions.
68. You acknowledge
that you participate in any External Activities entirely at your own risk.
69. In relation to
External Activities conducted by any third party (even if such third party has
been contracted by us or we are associated with such activity), we do not
accept any liability for any loss, damage, cost or expense that you suffer or
incur as a result of or in connection with your participation in such External
Activities.
70. In relation to
External Activities conducted by us, to the maximum extent permitted by law, we
exclude all implied representations and warranties which, but for the Terms of
Use, might apply in relation to your participation in relation to such External
Activities. To the extent that our liability cannot be excluded by law, our
maximum liability to you will be limited to the amount paid by you (if any) for
your participation in the event.
Third party websites and
advertising
71. From time to time,
the Site, Platform &/or App may feature or display hyperlinks and pointers
to websites operated by third parties. Such websites do not form part of the
Site, Platform &/or App and are not under our control. We do not accept any
responsibility for the contents of any such hyperlink or linked website. If you
link to any third-party websites you leave the Site, Platform &/or App
entirely at your own risk.
72. From time to time,
the Site, Platform &/or App may also feature or display third party
advertising. By featuring or displaying such advertising, we do not in any way
represent that we recommend or endorse the relevant advertiser, its products or
services.
Limitation of liability and
indemnity
73. You acknowledge
that you use the Site, Platform &/or App at your own risk and hold us
harmless for any system or technical issues with the Site, Platform &/or
App.
74. You acknowledge
that we are not responsible for, and accept no liability in relation to, your
use of and conduct in connection with the Site, Platform &/or App, or any other
members' or third-party suppliers’ use of or conduct in connection with the
Site, Platform &/or App, in any circumstance.
75. You agree to
indemnify us and any Parent Account for any loss, damage, cost or expense that
we may suffer or incur as a result of or in connection with your use of or
conduct in connection with the Site, Platform &/or App, including any
breach by you of the Terms of Use.
76. To the maximum
extent permitted by law, we exclude all implied representations and warranties
which, but for the Terms of Use, might apply in relation to your use of the
Site, Platform &/or App. In particular, we do not make any representations
or warranties that the Site, Platform &/or App will be uninterrupted or
error free. Nor do we make any representation or warranty about the likelihood
of any outcomes of your use of the Site, Platform &/or App.
77. To the extent that
our liability cannot be excluded by law, our maximum liability to you will be
limited to the total amount paid by you (if any) for any chargeable service or
feature on the Site, Platform &/or App purchased by you during the term of
your membership.
78. In no
circumstances will we be liable for any indirect, punitive or consequential
loss or damages; loss of income, profits, goodwill, data, contracts, use of
money; or loss or damages arising from or in any way connected to business
interruption of any type, whether in tort, contract or otherwise.
79. You hold any
third party group (for example a corporate who has several employees receiving
advice in the platform as an employee perk; an accelerator; or an accountant
who has several clients obtaining access at a discounted rate under that
accountant’s corporate account) harmless for any issues between you and a
Customer where the only involvement of that third party group has been as the
introducer to the Site, Platform &/or App or as the entity paying for the
Customer’s access to the Site, Platform &/or App.
80. You hold us
harmless, provide us with an indemnity and assume full liability for any advice
you obtain, or fail to obtain, in an advice session online or in any chat with
the Advisor and agree not to join us in any mediation or litigation with an
Advisor at any time.
81. In the event
that an issue arises, and you make a Customer complaint, we will contact you
about this to make direct contact with the Advisor so that you can resolve the
issue directly with them and access their professional indemnity insurance if
necessary and appropriate in the circumstances.
82. The recorded
advice sessions are recorded, encrypted and stored securely. You have the
ability to download and open the recorded advice sessions at any time by
initiating the download process from your Dashboard. You are liable for keeping
any downloaded video sessions secure at all times, and hold us harmless for any
loss, damage to you, us or an Advisor or third party; or for loss of privilege
in advice you have received where you did not take all necessary measures to
secure a downloaded video, did not secure access to your personal profile or
ensure access to your email account associated with the Site, Platform &/or
App was secure.
83. You are
prohibited from sharing your password with any other person or entity and are
liable for any loss or damage this causes to a customer, us, an associate of
ours or any third party as a result of another person accessing your profile.
General
84. No partnership,
joint venture, employment, or agency relationship exists between you and us as
a result of the Terms of Use or your use of the Site, Platform &/or App.
85. The Terms of
Use represent the entire agreement between you and us regarding your use of the
Site, Platform &/or App.
86. If any
provision of the Terms of Use is held to be invalid, the remainder of the Terms
of Use shall continue in full force and effect.
87. If any provision
of the Terms of Use is held to be invalid, the remainder of the Terms of Use
shall continue in full force and effect.
88. You agree that the
Terms of Use will be governed by the laws of Queensland you and agree to submit
exclusively to that jurisdiction.
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