Andrew Byrnes Law Group Online Legal Services Terms and Conditions

If you use this site to obtain an Online Legal Service, you should be aware of the following information before you proceed.

Please read them carefully.

Conditions of engagement of Andrew Byrnes Law Group’s provision of an Online Legal Service.

Introduction

This service is provided to you by Andrew Byrnes Law Group, a law firm based principally in the Australian Capital Territory.

If you use our service in any way, you will do so on the basis of the disclaimers and information on the relevant pages and the following terms and conditions as they apply at the time. Please read them carefully. At the end of these terms and conditions. If you proceed and order a service, you have accepted these terms and conditions and warrant that you have understood them. you may use our service, including to order a product. If you reject them, you will not be able to use our service in that way. When you place your order for any product, you agree to read the relevant terms and conditions carefully.

Provision of online legal services.

Andrew Byrnes Law Group agrees to provide you with the service you order on the website on the condition that you accept these terms and conditions and pay our fees in the way required, which is online at the time of order.

Andrew Byrnes Law Group acknowledgements

Andrew Byrnes Law Group agrees that:

all your personal and billing information that is identifiable to you will be kept confidential except to the extent that the information is necessarily transmitted to us through Typeform, the online form provider.

We will not disclose that information (in a way that makes the information identifiable to you) to anyone else without your consent unless required to do so by law; and

the products you order through our service will, if relevant, be delivered electronically to you by email.

Consumer Law

These terms and conditions do not, and do not purport to, restrict or modify or have the effect of excluding, restricting or modifying any laws, rights or remedies imposed and required to be binding by statute or law, including the Competition and Consumer Act 2010 (Cth).

Privacy

Your Privacy

You acknowledge that Personal Information collected, used and disclosed by us may be used for a variety of purposes including:

• to supply the products;
• to monitor use of our products for the purposes of further development and to ensure they meet your needs and interests;
• to disclose your information to Andrew Byrnes Law Group for the purpose of Andrew Byrnes Law Group providing legal advice to you for the purposes of the service.
• to administer your account and to enforce this contract;
• You agree to advise us in writing if you do not want us to use Personal Information disclosed by you to us for the abovementioned purposes.
• You expressly acknowledge and consent to:
• us transferring and disclosing Personal Information provided by you to us to our third party service providers, including Automio and Stripe, who may be located outside of Australia to the extent required in providing access to, maintaining and servicing our products and services as part of our information technology arrangements; and
• such third party service providers storing and processing such Personal Information provided by you on servers outside of Australia.
• You agree that if you provide us with Personal Information about another individual, you will ensure that that individual is aware:
• that you have supplied their Personal Information to us and the reason; and
• of the details in this clause 5 which apply to information we collect about them.
• You are responsible for ensuring that if a third party is required to disclose Personal Information to us for the purposes of these Terms on your behalf or at your request, such disclosure by the third party complies with the Privacy Act.
• If you fail to provide any Personal Information requested by us, we may be unable to supply the products that you order or request.
• If we are required to retain any Personal Information by law:
• you warrant that you have taken all steps to ensure that we are permitted to do so; and
• on reasonable notice, and the payment of a reasonable charge, we will make such information available for inspection by you and your auditors.

Limits on your use of products

Andrew Byrnes Law Group agrees that you may use the service provided to you in the manner you see fit having received out advice in relation to it, which you can either accept or reject.

In relation to your use of our service and the products you order, you agree that:

• you must not use any part of the documents in connection with creating another document;
• you must not use any part of the products for any purpose except the specific purpose for which they were ordered;
• you must not copy any part of the documents for any purpose except in relation to the transaction for which they were ordered;
• you must not modify the products in any way after they are sent to you;
• you must not interfere with, alter or attempt to copy or reproduce any part of our service or the products you order while using them;
• you must not incorporate any part of our service in any other program, system or document creation package; and
• you must not represent that the documents ordered using our service were created by your own resources, or those of a third party (other than our resources or those of anyone else who signs-off and endorses for us the documents from which your documents are generated).
• We do not give tax, accounting, commercial or other professional advice

You agree that:

• Andrew Byrnes Law Group cannot, and does not, give you tax, accounting, commercial or other professional advice beyond legal advice;
• Andrew Byrnes Law Group is a law firm and can provide legal advice and legal documents only;
• our service provides information to help you answer the questions and to order a product and that that information is information only, not advice;
• we do not warrant that a service you decide to order is appropriate or suits your needs, and can only make recommendations regarding a service after it has been ordered.
• Except where we expressly do so by communicating this advice to you,we do not warrant that your use of our service is appropriate or suits your needs;
• the taxation, accounting and commercial effects of a product vary and a product’s suitability will therefore vary according to particular circumstances;
• only you know the purpose for which you intend to apply a product you order and that we are not responsible for the choice you make regarding the product that you order;
• you must consult with a taxation adviser, accountant, or commercial or other appropriately qualified professional adviser (not Andrew Byrnes Law Group) for advice concerning the suitability of a product you order using our service;
• Andrew Byrnes Law Group does not endorse and disclaims responsibility for the Online Legal Services except to the extent that legal advice is provided based on the information you have provided us;
• Andrew Byrnes Law Group will take all reasonable steps to ensure that documents prepared are accurate to the extent that it can based on the information you input into the online legal services system.

Payment and trust account funds

When you make a transaction via the firm’s page, a proportion of your transaction is applied to the processing and payment fees which Andrew Byrnes Law Group arranges through Stripe, an online payment platform. The proportion is 1.75% of the deposited total + 30 cents payment fee .By proceeding and making the transaction, confidential personal information may be transmitted to Stripe, and you authorise the payment of the processing fees from the funds paid at the electronic point of sale. Following deduction of the processing fees at the point of sale, the funds processed online will be paid to Andrew Byrnes Law Group’s Law Practice Trust Account. Once the Online Legal Service has been provided to you, an invoice will be emailed to you for the balance left in trust over following the deduction of the processing fees.

The service and resulting document you order depends on your answers

You agree that:

• certain information and particular clauses from the documents are included in the documents you order as a result of the answers you provide to questions you answer when using our service;
• certain information is included in the products you order as a result of the answers you provide to questions you answer when using our service;
• you are fully and solely responsible for the information included in a service as a result of the answers you give to the questions; and
• we are not responsible for any mistake that you make in understanding the questions or how to answer them.
• We are not responsible for your mistakes — you indemnify us

Except for any cost, loss, liability or damage directly caused or contributed to by Andrew Byrnes Law Group, you agree that you indemnify us in relation to any cost, loss, liability, or damage that any of you, your client, or a third party suffers:

• because the service you order is not suitable for its intended purpose or does not suit the relevant circumstances;
• because you fail to obtain further legal advice from us or other formal advice from an appropriately qualified or professional adviser concerning whether the product you choose is suitable for its intended purpose or is suitable for particular circumstances;
• because of the answers you provide to questions asked of you when using our service;
• because you do not answer all questions completely and accurately;
• because you modify the products after they are provided to you; or
• because you breach these terms and conditions in some other way.
• You agree that you continually indemnify us against any cost, loss, liability, or damage that we incur as a result of your use of our service except for any cost, loss, liability or damage directly caused or contributed to by Andrew Byrnes Law Group.

Andrew Byrnes Law Group

Andrew Byrnes Law Group’s legal practitioners hold a practising certificate to engage in legal practice as an Australian Legal Practitioner, as defined under the relevant jurisdiction depending on the nature of products or services Andrew Byrnes Law Group offers.

Andrew Byrnes Law Group may provide products or services that are in addition to or complementary to our service. You are not compelled to acquire those goods or services from the Andrew Byrnes Law Group. Regardless of whether or not you acquire those goods or services from the Andrew Byrnes Law Group, Andrew Byrnes Law Group will still provide our products and services that you have ordered to you to the extent that we can without those further services — for example, by allowing you to use our website, interface and user system to become a customer and to record your answers and by storing your answers and sending you newsletter updates, etc.

When you use Andrew Byrnes Law Group’s Online Legal Services:

• Andrew Byrnes Law Group is only responsible for those Online Legal Services to the extent that they are the provision of a legal document and/or legal advice based on the answers you provide. Andrew Byrnes Law Group cannot know what you do not tell us.
• you access the Online Legal Services at your own risk;
• it is for you to decide whether you will, or should, rely on Andrew Byrnes Law Group’s services; and
• you agree with Andrew Byrnes Law Group that you acknowledge the disclaimers made by Andrew Byrnes Law Group and that you will comply with any separate terms and conditions which Andrew Byrnes Law Group applies, and requires you to consent to, in respect of those services.
• When you use Andrew Byrnes Law Group’s website, or services available from that website:
• you access that website, and services available from that website, at your own risk;
• it is for you to decide whether you will, or should, rely on Andrew Byrnes Law Group’s website, or services available from that website; and
• you agree with Andrew Byrnes Law Group that you acknowledge the disclaimers that appear on those websites and that you will comply with the terms and conditions that you agree to at the time you use the services available from those websites.

Our website and other websites

You agree that:

• each time you order a product from us, you agree to the then current version of these terms and conditions — when you place your order, you are then agreeing to the current version of our terms and conditions.
• we do not warrant the accuracy or appropriateness of the contents of our website;
• the information and commentary on our website is general only, is not legal advice or professional advice without an express request for such advice, and that Andrew Byrnes Law Group does not endorse it and disclaims responsibility for it;
• our website may contain hyperlinks and pointers to other websites and that we are not responsible for any information or other hyperlinks contained in these websites;
• we provide the hyperlinks and pointers to you simply for your convenience and we are not endorsing any of them;
• you access these other websites at your own risk; and
• it is for you to decide whether these other websites should be relied on.

Our liability is limited

You agree that if we are prohibited by law from excluding all implied warranties and conditions, then our liability will be limited to, at our option:

• replacing the document you used our service to order;
• supply of some equivalent document;
• amendment of the document based on legal advice we give you;
• the payment of the cost of such replacement, supply or amendment.
• You agree that:
• to the extent that we are not prohibited by law from limiting our liability, then our liability is limited in the same manner as provided under clause 20, including in respect of any liability that arises as a consequence of our negligence;
• subject to law including the Australian Consumer Law, our liability to you for any matter related to the subject matter of these terms and conditions will not include any special, indirect, incidental or consequential damages or loss of profits and will not exceed the cost to you for the particular transaction which has caused you the loss or damage; and
• subject to law including the Australian Consumer Law, we are not responsible in any way for any liability, loss, damage or expense that arises directly or indirectly from a problem that occurs by any virus infecting our service.
• Subject to law including the Australian Consumer Law, we do not warrant that the operation of our service will be uninterrupted or that our service is virus free or error free.

Our intellectual property is not diminished

You agree that:

• we or our vendors remain the owner of all the intellectual property and know-how that resides in the documents and our service;
• you are licensed to use our service for the sole purpose of ordering online legal services; and
• you get no property right whatever in relation to our service, and no ownership in the copyright of the documents that you order.
• Recovering revenue lost through misuse or breach

If we discover that we have lost revenue through your breach of these terms and conditions, then you agree that we may recover from you each of the following:

the revenue we have lost;

• our costs of discovering our loss and the extent of it;
• our costs of recovering the revenue; and
• default interest on any amount owing under this clause.
• Also, if we can show that we have lost revenue through your breach of these terms and conditions, then you agree that we have the right to audit your operations (at your reasonable cost) to determine the extent of our loss.
• Clauses 24 and 25 do not limit in any way the recovery by Andrew Byrnes Online Legal of all other amounts from you which are recoverable at law in respect of any breach of these terms and conditions by you.
• The licence ends when you have ordered your document

You agree that:

• the licence to you is limited to the creation of the documents for which you have paid and that once those documents have been ordered, the licence ends;
• your licence will also end if you breach any material obligations contained in these terms and conditions; and
• if you breach any material obligation contained in these terms and conditions, then we may deny you any further access to our service.

How you pay us and how online payments work

When you make a transaction via the firm’s page, a proportion of your transaction is applied to the processing and payment fees which Andrew Byrnes Law Group arranges through Stripe, an online payment platform. The proportion is 1.75% of the deposited total + 30 cents payment fee .By proceeding and making the transaction, confidential personal information may be transmitted to Stripe, and you authorise the payment of the processing fees from the funds paid at the electronic point of sale. Following deduction of the processing fees at the point of sale, the funds processed online will be paid to Andrew Byrnes Law Group’s Law Practice Trust Account. Once the Online Legal Service has been provided to you, an invoice will be emailed to you for the balance left in trust over following the deduction of the processing fees.

Upon receipt of the funds into our trust account, in the absence of you objecting to our invoice, we may withdraw the funds held in trust to pay our invoice no earlier than 7 days of the Online Legal Service being provided to you.

However, if you are a high volume user, then we may — at our absolute discretion — agree to allow you to pay on invoice (instead of by credit card). If we do agree to that, then the following rules apply:

• At the time you order, we electronically provide you with a tax invoice for our fees. You must pay all Andrew Byrnes Law Group’s fees within 7 days after you order.
• At the time you place an order through our website to apply for any government registration etc. (for example, a company registration application or a trade mark application), we electronically provide you with our invoice for any government fees etc. that we pay (or arrange to be paid) on your behalf as part of lodging your application. You can download the invoice from our website or click to have us email it to you at the email address you provide. You must pay us the amount of those government fees etc. within 24 hours after you order.
• If you do not pay on time, then we may — at our absolute discretion, and without giving you notice — do any one or more of the following:
• end the arrangement by which you pay on invoice (so that you must pay by credit card);
• use amounts you pay us to pay-off any amount you owe at our choice — for example, we may first pay-off any amount you owe us in respect of government fees we have paid;
• set our system so that you no longer have access to document packages you have ordered from us in the past (regardless of whether you have paid for them);
• charge default interest on any amount you owe us.

Refunds, returns, exchanges

In order to expeditiously process your claim for a refund, return or an exchange, we request that you send all claims to the following email andrew@andrewbyrneslawgroup.com.au and include:

• the intended purpose to which the documents were to be applied;
• the identity and contact details of the person for whom you purchased the product (we may contact that person to discuss, and request copies of, the documents you have provided to them);
• the reasons that you want a return, a refund, or an exchange;
• copies of the materials or documents you have provided to that person in place of the Andrew Byrnes Law Group product in relation to which you now want a refund, a return, or an exchange; and
• any other information or materials we ask for that we believe is relevant to our decision.

Severability

Any provision of these terms and conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these terms and conditions nor affect the validity or enforceability of that provision in any other jurisdiction.

Jurisdiction

These terms and conditions are governed by and are to be read and interpreted according to the laws of the Australian Capital Territory. Each of Andrew Byrnes Law Group and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts in that jurisdiction. You may not argue, on the basis of the doctrine of forum non conveniens or any other basis, that the courts of that jurisdiction should not exercise jurisdiction.

Definitions and interpretation

In these terms and conditions:

• ‘Andrew Byrnes Law Group’ means Andrew Byrnes Law Group Pty Ltd t/as Andrew Byrnes Law Group, ABN 29 637 096 961, its agents, officers, successors, authors, licensors and advisers and ‘we’, ‘our’ and ‘us’ have a corresponding meaning ‘our service’ and “Online Legal Services” includes the Andrew Byrnes Law Group website, the interface, user system, and document merging engine and Online Legal Services provided by Andrew Byrnes Law Group all of which may be powered by software created by Typeform and (where applicable), the menu of clauses that is used to generate documents you order, and the services which we provide to you which are ancillary to these services, including responding to email questions regarding the documents provided;
• ‘Typeform’ means Typeform S.L, a Spanish based form provider from whom Andrew Byrnes Law Group utilises their online forms.
• ‘Stripe’ means the Stripe online payment platform run by the American based company trading as Stripe.
• ‘document’ means a document you order which is generated by our service;
• ‘lawyer’ means an Australian legal practitioner as defined under section 8 of the Legal Profession Act 2006 (ACT) or under any corresponding law in any other jurisdiction;
• ‘Personal Information’ has the meaning given to that term in the Privacy Act.
• ‘Privacy Act’ means the Privacy Act 1988 (Cth).
• ‘product’ means a document or other service which you order using our service;
• ‘professional adviser’ means a lawyer or professional concerning whether a document or product is appropriate or suits your needs or its legal and taxation implications, a registered tax agent concerning a document’s or a product’s taxation, accounting and/or commercial implications or a licensed financial planner concerning a document’s or a product’s financial planning implications or such other professional adviser as is appropriate or suits your needs concerning a document’s or a product’s legal, taxation, accounting and commercial implications;
• ‘you’ means the person using our service, including a person using our service as agent of another person in which case ‘you’ means the agent or the agent’s principal, or both the agent and the agent’s principal;
• the singular includes the plural and vice versa; and
• a reference to currency is a reference to Australian dollars.

You agree that each of these definitions has the same meaning wherever they appear on our website.