Terms and Conditions of Use


 

Welcome to Touchpoint Legal. This Website is owned and operated by Touchpoint Legal Pty Ltd (ABN 61 611 758 279), our successors and assigns (Touchpoint Legal, us, we or our).

1. Your Agreement

1.1 These Terms and Conditions govern your use of our Website (http://touchpointlegal.com.au), any Services or Documents provided to you via our Website and any functionality associated with our Website. They are incorporated into any Touchpoint Legal Purchase Order Form used by you to purchase our Documents or Services via our Website.

1.2 By using our Website, you agree to be bound by these Terms and Conditions, any notices on our Website and by the Touchpoint Legal Privacy Policy (as it may change from time to time).

1.3 You warrant that these Terms and Conditions have been easily accessible and adequately disclosed to you and that you have read, accepted and will comply with these Terms and Conditions.

1.4 If you do not agree to these Terms and Conditions, do not use our Website or purchase any Documents or Services through our Website. If you require further information or do not understand these Terms and Conditions, you may contact us at website@touchpointlegal.com.au for further clarification. 1.5 You agree that by accessing and using our Website and purchasing our Documents or Services, you are entering into a commercial arrangement with us on these Terms and Conditions. 1.6 You may only use our Website if you are resident in Australia and over 18 years of age.

2 Definitions

2.1 In these terms and conditions:

Confidential Information means all information or data that is by its nature confidential or is designated as confidential, or which you know or ought to know is confidential, including any commercially sensitive information, pricing, trade secrets, know how or processes, services, procedures, business partners and clients but excludes information which is publicly available (otherwise than through breach of these Terms and Conditions), lawfully in possession by you or rightly acquired by a third party who is not in breach of these Terms and Conditions.

Contents means all content on our Website.

Documents means documents that you purchase from us via our Website.

Intellectual Property Rights (IPR) means all registered and unregistered rights in all intellectual and industrial property whether subsisting now or in the future, whether in print or machine readable form, copyright and moral rights, designs, patents, logos and trademarks and all other intellectual property as defined in Article 2 of the Convention establishing the World Intellectual Property Organisation 1967.

Services means any legal service that you purchase online through our Website and includes customisation of Documents by us.

Terms and Conditions means these Terms and Conditions of Use. Touchpoint Legal (us, we and our) means Touchpoint Legal Pty Ltd (ABN 61 611 758 279) t/as Touchpoint Legal and any officers, employees and agents of Touchpoint Legal.

Touchpoint Legal IPR includes all Content on our Website (as it may change from time to time), our Documents, and any Documents associated with our Services and any related material or any information provided to you by us via our Website.

Website means our website at http://touchpointlegal.com.au.

You (your) means you as a user of the Website, and a purchaser of our Services or Documents via our Website and includes any company you are employed with where you are using the Website on behalf of that company.

3 Touchpoint Legal - IPR

3.1 All right, title and interest in Touchpoint Legal IPR belongs to Touchpoint Legal or our third party service providers. You do not acquire ownership or copyright in Touchpoint Legal IPR unless Touchpoint Legal advises you otherwise in writing.

3.2 Nothing in these Terms and Conditions confers any right of assignment of ownership of Touchpoint Legal’s IPR to you.

3.3 To the extent expressly permitted by applicable copyright law, you may make copies of the Contents of our Website, but only for the purposes identified in clause 4.

4 Our Licence

4.1 You are granted, a non-exclusive, non-transferable, limited licence to access and use Touchpoint Legal’s IPR made available to you via our Website for personal research or study purposes, to find out about Touchpoint Legal, to subscribe to our Newsletters, to share our Newsletters via social media to purchase our Documents and Services and to contact us. 4.2 Where you have purchased a Document or Service through our Website, in addition to the licence granted to you pursuant to clause

4.1, you are granted a non-exclusive, non-transferable, limited licence to access and use that Document and any Documents associated with a Service for personal use or use in the company in which you are employed at the time of purchase.

5 Restrictions on Use

5.1 You acknowledge and agree that:

a) You must not download, store, reproduce, transmit, display, print, copy, distribute or use the Contents of our Website, any Documents or any Documents associated with our Services except as expressly provided in these Terms and Conditions.

b) You must not use Touchpoint Legal’s IPR in a manner that contravenes Touchpoint Legal’s copyright or IPR.

6 Your Licence

6.1 You grant to Touchpoint Legal:

a) A perpetual, non-exclusive, royalty free, irrevocable, worldwide, transferable licence to use your IPR for the purpose of provision of Documents or Services to you.

b) You warrant that the IPR provided by you to us will not infringe the IPR or moral rights of any third party.

7 Purchased Documents and Services

7.1 Restrictions on Use of Purchased Documents and Services

a) You may purchase Documents or Services from us through our Website. The Documents and Services you purchase are owned by Touchpoint Legal but licensed to you on the terms specified in clause 4.2.

b) In consideration for the fee you pay to us for the licence to use a Document or Service you agree that any Document or Service that you purchase from us will only be used by you for personal use or for use in the company in which you are employed at the time of purchase.

c) You may copy, revise and customise Documents purchased by you for your own use or for use in the company in which you are employed. However, you are expressly prohibited from reselling or using any Document or, Document associated with a Service for a commercial resale purpose or for a purpose that is not expressly set out in these Terms and Conditions.

d) If you are a competitor of Touchpoint Legal, you are expressly prohibited from using Touchpoint Legal’s IPR for incorporation in your own legal documents or from infringing Touchpoint Legal’s IPR in any way.

7.2 Payment Terms

a) Prices for the Documents and Services that you may purchase through our Website are displayed prior to point of purchase.

b) The terms of any purchase you make through our Website are governed by these Terms and Conditions and our Purchase Order Form.

c) You are liable to us for payment of any Product or Service that you purchase through our Website. Payment for any Product or Service you wish to purchase through our Website will be processed prior to provision of that Document or Service to you.

d) You authorise us to charge your credit card in accordance with the specified purchase price for the Document or Service that you nominate for purchase through our Website.

e) All purchase prices displayed are in Australian dollars and are exclusive of Goods and Services Tax (GST), as defined in A New Tax System (Goods and Services Tax) Act (Cth) 1999 as it is amended from time to time.

7.3 Refund Policy

a) Should you purchase a Document through our Website and be unable to download it, please contact us immediately at website@touchpointlegal.com.au and we will use our best endeavours to deliver the document to you as soon as possible. In the event that we are unable to deliver the document to you, we will organise a full refund in the sum of the purchase price for the Document.

b) Should you be dissatisfied with a Document that you have purchased through our Website, please contact us at website@touchpointlegal.com.au and tell us that you are dissatisfied. We value each and every Touchpoint Legal customer and will work with you to address your concerns, resupply the Document or refund the purchase price of the Document to you. In the event that we refund the purchase price of the Document to you, you agree to destroy all hard and soft copies of the Document, not use it or supply it to any other party at any time.

8 Your use of our Website

8.1 You agree not to use our Website:

a) in a manner that defames or brings Touchpoint Legal into disrepute;

b) to publish content that is contrary to any Australian law;

c) to publish any image or material that is owned by someone else, without their consent;

d) to cause you or us to breach any law, regulation, rule, code or other legal obligation including promoting or providing information in relation to any activity which is unlawful;

e) to cause or contribute to the infringement of the intellectual property, publicity, privacy, confidentiality or any other legal rights of any person;

f) to upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;

g) to harvest or otherwise collect information about others, including e-mail addresses, or to send any junk mail or unsolicited commercial messages.

9 Disclaimer

9.1 The Contents of our Website, and any Document that you purchase through our Website DOES NOT CONSTITUTE LEGAL ADVICE OR SERVICES. All Information accessed or purchased by you through our Website is general information only. Legal advice is provided when you provide specific information about your particular circumstances, objectives or needs to a lawyer and that lawyer uses that information to provide advice that is specific to you. The Contents on our Website, in our Documents and through our Services is general Information and does not take any account of your specific circumstances, objectives or needs.

9.2 If you decide to purchase a particular Document or Service via our Website, you do so in the knowledge that the Document or Service and its contents may not be relevant to your particular circumstances and may therefore be unsuitable. We advise you not to rely on our Contents, Documents and Services as legal advice and to seek legal advice from a lawyer if you require legal advice. If you seek legal advice, you may contact us at website@touchpointlegal.com.au.

9.3 You acknowledge and agree that all Content on our Website, any Services we provide or any Documents you purchase through our Website may not be accurate or reliable, may contain errors and mistakes and may not be up to date. If you rely on our Contents our Documents or Services as legal advice, then you do so at your own risk.

9.4 You agree that laws in each Australian State and Territory may vary, and we do not warrant or represent to you that any of our Documents or Services are appropriate to the particular jurisdiction in which you operate. In addition, you agree that any Services or Documents you purchase from us through our Website may not be current or up to date with governing laws. We recommend that you seek legal advice from a lawyer in your jurisdiction to obtain current legal advice and do not rely on our Documents or Services as legal advice.

10 Limitation of Liability

10.1 To the extent permitted by law, we exclude in these Terms and Conditions:

a) all conditions, implied conditions, warranties, liabilities, representations or other terms which might otherwise be implied or incorporated into these Terms and Conditions by any statute, common law or custom; and

b) warranties as to merchantability or fitness for a particular purpose.

10.2 Our liability to you is limited in accordance with the ‘consumer guarantees’ under the Australian Consumer Law (Competition and Consumer Act (Cth)) 2010, whether you are a consumer as defined pursuant to that Act or not.

10.3 To the extent permitted by law, Touchpoint Legal’s maximum cumulative liability to you in respect of any claim against us is limited to:

a) the resupply of any Services to you; or

b) the payment of costs for replacing any Document to you; or, at our option

c) the refunding of an amount that you have paid to us for our Service or Document.

10.4 In the event that any Document or Service provided by us to you is construed as a legal service by a Court of Law, our liability is limited by a scheme approved under Professional Standards Legislation. Solicitors employed by us are members of the scheme.

11 Indemnity

11.1 You indemnify and hold us harmless against, and agree to be liable for, all losses, damages, costs or expenses including costs of litigation and reasonable legal costs, suffered or incurred by us arising out of or in connection with:

a) your breach of these Terms and Conditions;

b) any third party claim against us arising out of your breach of these Terms and Conditions;

c) your misuse of our Website, Services or Documents;

d) any failure by you to provide to us accurate and up to date information in respect to provision of our Documents or Services to you.

12 Confidentiality and Privacy

12.1 You acknowledge that you may acquire Confidential Information which belongs to Touchpoint Legal during the course of a purchase of a Document or Service. You agree to:

a) keep Touchpoint Legal’s Confidential Information private and confidential; and

b) not to directly or indirectly disclose any of Touchpoint Legal’s Confidential Information to any third parties or use all or any part of that Confidential Information for any purpose whatsoever save as specifically authorised under these Terms and Conditions or with the prior written consent of Touchpoint Legal.

12.2 You may make any disclosures in relation to Touchpoint Legal’s Confidential Information as necessary to:

a) your professional advisers such as bankers, lawyers, financial advisers and accountants, if those persons undertake to keep information disclosed confidential; or

b) comply with any applicable law or binding requirement from a Government Agency.

12.3 Touchpoint Legal agrees to manage your personal information in accordance with the Touchpoint Legal Privacy Policy.

13 General Provisions

13.1 These Terms and Conditions may only be varied in writing where signed by us and you.

13.2 These Terms and Conditions and any Purchase Order Form constitute the entire agreement between us and you on the subject matter of the Terms and Conditions and Purchase Order Form.

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

13.4 In the event of any inconsistency between these Terms and Conditions and a Purchase Order Form, the Purchase Order Form prevails to the extent of the inconsistency.

13.5 Clauses, 3 Touchpoint Legal IPR, 4 Our Licence, 5 Restrictions on Use, 6 Your Licence, 7 Purchased Documents or Services, 8 Your use of our Website 10 Limitation of Liability, 11 Indemnity, 12 Confidentiality and Privacy and this clause 13.5 survives termination of these Terms and Conditions along with any clause that by its nature is intended to survive termination of these Terms and Conditions.

13.6 A clause or part of a clause in these Terms and Conditions that is illegal or unenforceable may be severed from these Terms and Conditions and the remaining clause or parts of the clause in the Terms and Conditions continue in force.

13.7 These Terms and Conditions do not create a relationship of employment, trust, agency or partnership between us and you.

13.8 These Terms and Conditions are governed by the laws of New South Wales. You irrevocably agree to submit to the exclusive jurisdiction of New South Wales.