Introduction
Welcome to Strategic Lawyers’ website (“Website”). This Website is owned and operated by Strategic Lawyers Pty Ltd (ACN 150 602 716) (“Strategic Lawyers”). It is intended to provide you with information on terms and conditions of use of our products and services. These termsand conditions apply to both the useof the Website and all of Strategic Lawyers services, whether offline or online.
Your use of this Website and the information available (the “Material”) on this Website, and also your use of any of our products and services, is subject to the following terms and conditions. Please ensure that you read this carefully, especially the disclaimers and limitations of liability, as in using the Website or any of our products and services, you will be taken to have agreed with these terms and conditions.
Strategic Lawyers does not intend to make changes to these terms and conditions often, but may change them at any time without notice. You should check for changes to our terms and conditions whenever you use this Website, purchase any product or choose to utilise any service available through Strategic Lawyers, to ensure that you have read and agree with the most current version of the terms and conditions.
Your Obligations
Capacity – In using the Website and/or any product or service offered by Strategic Lawyers through any offline or online means, you warrant and agree that you have the legal capacity and power to agree to be bound by these terms and conditions and perform your obligations.
Purpose – You agree that you will not use the Website and/or any product or service offered by Strategic Lawyers through any offline or online means, for any illegal purpose or any purpose for which it is not intended..
Transfer of Obligations – You may not assign or transfer any rights and obligations pursuant to this agreement to any other person or entity without Strategic Lawyer’s prior written approval.
Website Material – You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any Material from the Website or any material or information contained in any other form of correspondence whether offline or online, including information, code and software.
On-selling – On-selling or reselling of any Strategic Lawyers product or service offered through the Website or any online or offline means is strictly prohibited.
Purpose – The information, products and services are for personal use only and should be used for any educational or commercial purpose, without the prior written approval of Strategic Lawyers.
Media – You must not release to the media or public any newsworthy story, news release, advertising material, promotional material or any other form of publicity relating to Strategic Lawyers or its products and services without the prior written approval of Strategic Lawyers. You may not release publicly release any details of work done or not done by Strategic Lawyers.
Data Gathering and Extraction – You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on this Website for establishing, maintaining, advancing or reproducing information contained on our Website without Strategic Lawyers prior written approval.
Disclaimers
Access to the Website - Strategic Lawyers does not warrant that access to this Website, user accounts accessible through the Website and products or services available through any offline or online means, will be uninterrupted, or that the descriptions and information will be error-free, complete, relevant and current. We reserve the right to change or discontinue any feature, product, service or promotion at any time without notice and without update to the relevant source of the information. We also reserve the right to modify or change hours of availability, turnaround times, terms, conditions and prices of any product or service at any time without notice. Strategic Lawyers will not be liable for any loss or damage that occurs as a result of your inability to access the Website, any of the Material that can be accessed through the Website, inability to purchase a product through the Website or in any other way from Strategic Lawyers, or engage the services of Strategic Lawyers.
Reliance on information - The information and any descriptions relating to products or services offered or provided by Strategic Lawyers on the Website, through social media platforms such as Facebook, Twitter and Linked In, in any email correspondence, letters or other correspondence, whether that be online or offline, is provided in good faith and Strategic Lawyers has used its best efforts to ensure its accuracy. Strategic Lawyers cannot and does not guarantee the accuracy, currency, reliability, relevance or completeness of any information provided on the Website. You should not rely on it without making your own independent assessment of the information and its relevance to you.
Online Security - Strategic Lawyers has taken reasonable steps including utilisation of advanced data encryption technology to protect the users of this Website, email services, servers and other online and offline means of communication from illegal, harmful or inappropriate use, modification or alteration. Users, prospective clients and clients should be aware that there is a minimal inherent risk in transmitting or accessing any data electronically which is inherent in all Internet dealings. Strategic Lawyers thus cannot and does not guarantee or warrant to you that files available for downloading through the Website or delivered via electronic mail through the Website or our servers will be free of infection, visuses, worms, Trojan horses or other codes that manifest contaminating or destructive properties. You alone are responsible for implementing sufficient procedures and checkpoints to satisfy your security requirements, and protect you computer or other electronic devices from being infected with a virus, worm, Trojan horse or other destructive code. Through your use of the Website, opening of email correspondence sent to you and any other form of online interaction or communication with Strategic Lawyers, you understand your security obligations and fully indemnify Strategic Lawyers from any damages to data, files or electronic devices that may result from you use of the Website or from opening any emails sent to you by Strategic Lawyers.
Offline Security – Strategic Lawyers takes reasonable steps to ensure the safe transmission, delivery, and receipt of all correspondence, documents and contracts.
While a high level of care and caution is taken when addressing and sending documents, letters and parcels, particularly those that are confidential in nature, Strategic Lawyers cannot and does not guarantee or warrant to you that these items will be received at all, in a particular time or in a particular condition. This includes documents, letters and parcels that are sent by post, registered post, courier, personally delivered or sent by any other means. Through your engagement of Strategic Lawyers, you fully indemnify Strategic Lawyers for any breach of confidentiality, damage, theft or other harm that may occur to documents or goods as a result of Strategic Lawyers sending them, irrespective of if they are addressed correctly. Strategic Lawyers is not liable for any loss or damage that may occur as a result of misplacement or loss of documents by a third party that results in a delay in the receipt of the documents or goods, or non-receipt of the documents or goods, and is not required to produce evidence of when and to where the documents or parcels were sent.
Strategic Lawyers takes reasonable steps to ensure the secure storage of documents, files and goods, stored either on behalf of the client or as in-house files relating to the affairs of the client. Strategic Lawyers also cannot and does not guarantee or warrant to you that documents held by us on your behalf are 100% secure and will not be misplaced, stolen, damaged, leaked or otherwise harmed. Through your engagement and interaction with Strategic Lawyers, you acknowledge that you understand the risks associated with the physical storage of documents or goods and fully indemnify Strategic Lawyers for any loss or damage that may occur as a result of any breach of our security.
Links - The inclusion of links in the Website, in any email, or any other online or offline correspondence, is not intended as an endorsement or recommendation of any company, association, product or service. You should read carefully the terms and conditions that appear on any website linked to our Website, or of any company you wish to have any dealings with, as Strategic Lawyers is not responsible or liable for any practices or policies of any third party.
Liability
No Liability – To the extent permitted by law, Strategic Lawyers and everyone who helped develop, create, produce or deliver the Material and information presented on the Website, in an email, or any other form of online or offline correspondence, disclaims all liability and responsibility for any direct or indirect loss or damage which may be suffered by you using this Website (or inability to use this Website), or relying on anything contained in or omitted from this Website, or any information contained (or omitted) in email or other correspondence, unless they acted wilfully or with gross negligence. This exclusion applies even if the loss or liability arises from a negligent act or omission or has been notified to us. The exclusion will not cover liability for death or injury caused by our negligence nor any other liability where that liability may not be lawfully excluded.
No Warranties - The Website, Material and emails are provided on an as is basis without any warranties of any kind. Strategic Lawyers, to the fullest extent permitted by law, disclaims all warranties. The Trade Practices Act 1974 (Cth) and all corresponding state and territory legislation implies terms, conditions and warranties into some contracts for the supply of goods and services and prohibits the exclusions, restriction and modification of such terms (“Prescribed Terms”). Except as provided by the Prescribed Terms, all warranties express or implied by law in any way relating to access to, or non-access to, the Website or the use of or reliance upon Material including information, products or services described on or in the Website, automated emails, email correspondence, letters or other correspondence are excluded.
Strategic Lawyers does not warrant that the Website, automated emails, email correspondence, letters or other correspondence will operate or be error-free or that this Website and its servers are free of infection, viruses, worms, Trojan horses, or other codes that manifest contaminating, harmful or destructive properties. Strategic Lawyers does not warrant that it will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of the Website, or will give notice of such use, modification or alteration.
If Strategic Lawyers or anyone who developed, created or produced the Website breaches any Prescribed Term, their liability for a breach of the applicable Prescribed Term (other than a warranty implied by section 69 of the Trade Practices Act 1974 (Cth) or corresponding state legislation) is limited to, at Strategic Lawyers’ election, the resupply of the relevant advice, service, recommendation or information; or the payment to you of the cost of having the relevant advice, service, recommendation or information supplied again.
Intellectual Property
Copyright - The content of this Website including the Material, as well as anything in automated emails, email correspondence, letters and other correspondence, is owned by, or used under licence by, Strategic Lawyers. No part of this intellectual property including names, logos, pictures and any literary work contained on the Website or in email or other correspondence, may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed for any commercial, educational or other purpose whatsoever without Strategic Lawyers' prior written permission, unless expressly permitted under the Copyright Act 1968 (Cth).
Trademarks - All names, logos and trademarks are the intellectual property of Strategic Lawyers or the third parties who have contributed to the establishment of Strategic Lawyers. Nothing on the Website or contained in an email, letter or any other correspondence, should be interpreted as granting any rights to use or distribute any names, logos or trademarks, without the express written agreement of Strategic Lawyers or the relevant contributor. Nothing displayed on the Website, in an email, letter or any other correspondence, should be construed as granting any licence or rights to use any name, logo or trademark without the express written permission of Strategic Lawyers, or the relevant third party contributor.
Third Party Intellectual Property - Any trademarks, names or logos that appear on the Website or in any email correspondence that are the intellectual property of any other individual or commercial entity, remain the intellectual property of that individual or commercial entity. By displaying such a trademark, name or logo, Strategic Lawyers does not claim to have any right to that intellectual property nor does Strategic Lawyers claim to be endorsed by that party. The use of the intellectual property of other individuals or commercial entities is not intended to imply, directly or indirectly, any affiliation or endorsement from them of the products, services and information supplied on the Website or by Strategic Lawyers by any other means of communication, nor does it imply, directly or indirectly, the endorsement of Strategic Lawyers for the products, services and information supplied on the website (or from any other source) of the third party.
Other
Currency and GST - All prices are displayed in Australian dollars (AUD) and are exclusive of Goods and Services Tax (GST).
Pricing and Availability of Products and Services – Although Strategic Lawyers makes every effort to ensure that products or services advertised, promoted or sold online or offline are available when so indicated, and that information and prices concerning products and services listed on the Website or through any other means including social networking platforms are accurate, the prices and availability of products and services are subject to change without notice.
Products and services that are ordered through the Website or promoted through any online or offline means may or may not be customisable and have set inclusions and exclusions. For information pertaining to the inclusions and exclusions of products and services advertised online, you should contact the firm.
Events - Times, dates and locations of programs, seminars and events listed on the Website or conveyed to you through any other online or offline means, are subject to change without notice, however Strategic Lawyers will endeavour to contact interested parties to inform them of any changes prior to the event.
Ordering Products and Services - Receipt of a quotation/invoice is an offer from Strategic Lawyers to complete the work for you. You are deemed to have accepted the offer when you make payment of our invoice. At the discretion of Strategic Lawyers, you will have the option of paying by credit card, cheque, bank transfer or cash. You may accept Strategic Lawyers offer by following the instructions for credit or debit card payment on the Website, in which case you will be deemed to have accepted when you receive the payment confirmation email. You will be deemed to have accepted the offer when a cash payment is made, or when the cheque is deposited by Strategic Lawyers (which subsequently successfully clears), or when the funds are transferred by the client to Strategic Lawyers account and this has been confirmed orally or in writing by the client to Strategic Lawyers (which subsequently successfully clears in our bank account). Once the contract has been entered into through the client's acceptance of our offer, the terms and conditions as outlined here will apply in full.
If at any stage payment is made through the Website or by any other means for an advertised or orally described product or service without Strategic Lawyers issuing a quotation/invoice, this will be deemed to be an offer by you. Strategic Lawyers will not be deemed to have accepted this offer until it is acceptance confirmed to you in writing or if we then provide the good or service for you.
Refunds - As we are a fixed fee billing firm and payment of our invoice is required in advance, we are unable to provide refunds on fixed fee invoices which have already been paid even if you have not yet been issued with a receipt or order confirmation (unless we are unable to commence or complete the work as discussed above under “Ordering Products and Services”). This no refunds policy exists because you have already accepted our offer and we have entered a contract and we have gone ahead and started working on your matter. In the event of a service being cancelled by a client prior to the agreed work being carried out in it’s entirety, a partial credit may be applied to the client's account, at the complete discretion of Strategic Lawyers. If approved by Strategic Lawyers, the credit will be applied to the client’s account and will be available to use towards any other legal matter for which the client retains our services. The timeframe in which the credit must be used is at the discretion of Strategic Lawyers. Full or partial refunds cannot be given in the event of work being cancelled for any reason, except at the discretion of Strategic Lawyers.
Change of Instructions - If a client changes their original instructions in any way, Strategic Lawyers reserves the right to invoice the client for any additional work that was not included in the original invoice. If the new or modified instructions mean that Strategic Lawyers must do less work to complete the work, a partial credit or partial refund may be issued, at the discretion of Strategic Lawyers, as discussed above under “Refunds”.
Payment - Products purchased through the Website or in response to an invoice received by email, mail or any other means, must be paid by any payment method specified and available through the Website or specified on the invoice.
Credit card payments can be made via the secure payment system on the payment page of the Website. Strategic Lawyers accepts Visa, MasterCard and American Express. You must only use a valid credit card that you are authorised to use to pay for the selected products and services. In using the payment system on our Website, you authorise Strategic Lawyers to debit the specified amount from your nominated credit card at the time you confirm payment. Strategic Lawyers accepts no liability for any mistake made by any third party payments systems. If the payment is declined Strategic Lawyers will not be able to guarantee the delivery or performance of the products or services, and may contact you to make alternative payment and/or delivery arrangements.
Other options for paying invoices or purchasing products or services available through the Website, include bank transfer, cheque and cash payment, at the discretion of Strategic Lawyers. Information relating to these payment methods will be listed on the invoice and if required, can be discussed with Strategic Lawyers.
Payment Terms - Strategic Lawyers will not provide any product or service until the full amount of the relevant invoice has been paid by the client. The payment terms on the invoice are usually 14 days however this is subject to change without notice at the discretion of Strategic Lawyers, and the product or service will not be available until the invoice is paid. After an invoice has been issued, it remains valid for the payment term or until the due date, after which time Strategic Lawyers may decline to provide this product or service at the indicated price or within the specified timeframe. If payment is made after the due date, the terms and conditions outlined in the “Refunds” section (above) applies. If you wish to proceed with the purchase of the product or service after the due date, you should contact Strategic Lawyers and obtain a new quotation/invoice.
Use of the Website, Products or Services from outside Australia - The information on the Website, contained in an email, letter or any other offline or online correspondence, and the terms and conditions of the use of the Website and any product or service offered by Strategic Lawyers, have been prepared in accordance with Australian law. If you are residing in or accessing this Website or the products or services of Strategic Lawyers from a country other than Australia (the “User Country”) the information and the terms and conditions may not satisfy the laws of the User Country. Should the information and the terms and conditions not satisfy the laws of the User Country, this Website and the products and services offered by Strategic Lawyers are not intended for your use, and you are not entitled to rely on the information. If you do so, you agree to indemnify Strategic Lawyers for any loss or damage, which may be incurred by Strategic Lawyers as a consequence.
Severability – If any provision of these terms and conditions is found to be void, unlawful or unenforceable for any reason, that portion of the provision which creates the invalidity, unlawfulness or unenforceability will be severable from these terms and will not otherwise affect the validity and enforceability of any remaining provisions.
Governing Law – The terms and conditions are to be governed by and construed in accordance with the laws of Queensland, Australia. You and Strategic Lawyers submit to the exclusive jurisdiction of the courts of Queensland and Australia.
General – This Agreement and any other policies or guidelines on the Website are incorporated herein by reference and comprise the entire agreement between you and Strategic Lawyers and supersede all prior agreements between the parties regarding the subject matter hereof. Any provision hereof that is held to be void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions. Headings are for reference purposes only and in no way define or limit the scope of a section. Strategic Lawyers’ failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. By using the Website or interacting with Strategic Lawyers through any online or offline means including social media, you consent to receiving electronic and paper-based communications from Strategic Lawyers including notices about your account and information concerning or relating to Strategic Lawyers’ updates, promotions, products, services, blogs, newsletters and events.
Emails
Any emails that are generated automatically through the Website or sent to an individual or corporate entity contain confidential information and are intended solely for the use of the individual or entity to whom it is addressed, for the purpose it was originally intended.
If an email is received in error the recipient should immediately notify Strategic Lawyers and the sender of the email. The email should then be deleted from the email system of the recipient. The recipient must not disclose, copy, distribute or take any action other than notifying Strategic Lawyers and the email sender of the mistake. The recipient should not rely on or make any decisions based on the contents of any email received in error, and Strategic Lawyers takes no responsibility nor bears any liability for reliance on this information by an unintended recipient.
Strategic Lawyers takes no responsibility for any loss or damage that may result from the accidental transmission of email messages to a party to whom the email was not intended, whether this is the fault of the client, Strategic Lawyers or any individual or third party engaged by Strategic Lawyers.
Emails sent by Strategic Lawyers or by any employee of or any third party associated with Strategic Lawyers cannot and are not guaranteed to be secure or error-free. Inherent issues associated with security of emails include the risk of interception, corruption or destruction of the email that may result in late arrival, corrupted data or receipt or viruses or other harmful code.
Recipients should be aware of the inherent risk of unintentional transmission of infections, viruses, worms, Trojan horses and other destructive, harmful or contaminating code and software through emails. It is the responsibility of the recipient to check all emails and attachments for the presence of infections, viruses, worms, Trojan horses and other destructive, harmful or contaminating code and software. Strategic Lawyers takes no responsibility nor bears any liability for loss or damage that results from the transmission of any infections, viruses, worms, Trojan horses and other destructive, harmful or contaminating code and software through an email or any attachment to an email.
Spelling, grammatical or other mistakes may in some cases change the meaning or way in which an email is interpreted. The recipients of emails and other correspondence from Strategic Lawyers should look for such mistakes and contact us if it appears there is any mistake. Strategic Lawyers will not be liable for any loss or damage resulting from any spelling, grammatical, contextual or other mistake in any email correspondence, and thus, all important documents and information for which verification is required should be requested in a hard-copy form.
Feedback, Questions or Problems
Strategic Lawyers welcomes any feedback you may have regarding our services, our Website, or these terms and conditions. If you have any questions or queries, or if you have any suggestions or problems, please send an e–mail to info@strategiclawyers.com.au