Thanks for joining our telephone hotline service and welcome on board! What follows are the boring (but obviously important!) bits.
These terms and conditions (Terms) govern your use of our telephone hotline service and the purchase of the telephone hotline subscription product (Service), and forms a binding contractual agreement between you, the user of the Service and us, Aspect Legal Pty Ltd (ACN 135 820 272) (we or us) if you tick a box to indicate your acceptance of these terms or otherwise pay for or commence using the Service. For that reason, these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Service or accept the Terms. You can contact us at [email protected].
By using the Service you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, you must not use the Service.
1. Costs and payment
1.1 The Service is available for purchase as a monthly subscription and can be purchased by entering your credit card details through our website. We will invoice you the agreed monthly rate (Fee) in advance, and the Fee will be automatically deducted from your credit card on the due date of your invoice each month.
1.2 If your credit card expires or your credit card details change, you must let us know as soon as possible. If the automatic deduction of your credit card fails because you have not updated us with your new credit card details, then you may incur an administration fee of $30 + GST.
1.3 Unless otherwise stated, the Fee is quoted in Australian dollars and expressed exclusive of GST.
1.4 You are not entitled to a refund for any paid Fee for any reason, except to the extent of any applicable liability under any relevant consumer laws, including the Competition and Consumer Act 2010 (Cth).
2. Hotline and Product inclusions
2.1 By purchasing the Service, you may book a time to speak with a lawyer between 9am to 5pm Australian Eastern Standard Time, Monday to Friday, subject to the availability of our lawyers. Appointments with a lawyer are available in 20 minute time slots. You must book all appointments via the online scheduler.
2.2 The Service is subject to a fair-use policy, at our discretion. We will provide further details of the fair-use policy from time to time. If at any time you do not agree with our fair-use policy, you may terminate your subscription to the Service in accordance with clause 5.1. For the avoidance of doubt, the Service is only for the provision of general legal advice and to speak to a lawyer by telephone and does not include any documentation review or creation, or face-to-face conferences.
2.3 If your matter requires documentation review, documentation creation, or any other service that is not included in the Service (Additional Services), then we will advise you of this and of the estimated cost for the provision of those Additional Services. You may then decide whether to engage us to provide you with the Additional Services. You agree that any Additional Services will be subject to our standard costs agreement.
2.4 You agree that access to the Service cannot be transferred to anyone outside of your organisation, and only staff of your organisation are authorised to access the Service. We reserve the right to immediately terminate your subscription at any time without liability if any unauthorised use, including use by an authorised person, of the Service occurs.
3.1 To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
3.2 We reserve the right to cancel or reschedule any appointments that you have arranged with a lawyer.
3.3 You agree that our liability arising out of or relating to the stipulated legal services is and will be limited to claims and liability and indemnity within our professional liability insurance policy for the amount we are able to obtain indemnity thereunder and limited to the extent to which and in the amount in which we are able to claim recovery and obtain indemnity thereunder for the time being.
3.4 You indemnify and hold us harmless in respect of any and all claims, loss or damage of any kind whatsoever (including legal costs and disbursements on a full indemnity basis), arising directly or indirectly out of any:
(a) act or thing done by us in good faith and purportedly pursuant to a right granted to us under the provisions of this agreement
(b) breach by you of any of the terms of this agreement
(c) any willful, unlawful or negligent act or omission by you.
3.5 These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations including where you are a consumer, the guarantees under the Australian Consumer Law that cannot be excluded. If such legislation applies, to the extent possible and to the extent allowed by the Australian Consumer Law, we limit our liability in respect of any claim to, at our option:
(a) in the case of services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
4.1 The information we provide via the Service is general in nature and does not provide for a comprehensive consideration of your individual needs, objectives or commercial situation. When you speak to one of our representatives on the phone, you are speaking to a representative of Aspect Legal Pty Ltd who is authorised to provide general advice to you. While we endeavour to provide information that is up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Service or the information, products or services provided by the Service for any purpose. Any reliance you place on the information contained in the advice provided by the Service is strictly at your own risk.
4.2 You represent and warrant to us that you have the legal capacity to enter these Terms.
5.1 To terminate your subscription to the Service you must provide us with notice in writing no later than 4:00pm (AEST) five business days prior to the due date of your next invoice, in which case termination will be effective at the date that you receive confirmation that we have received your cancellation notice.
5.2 We may otherwise terminate your subscription to the Service immediately, on notice to you, if you have breached these Terms in any way.
6.1 Prior to resorting to any external dispute resolution process, you and we agree to use best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms. Please notify us in writing of any dispute you may have.
7. Privacy Protection
8.1 Nothing in these Terms constitutes a transfer of any intellectual property ownership rights. Any intellectual property rights arising out of any work done by us vests in us on its creation.
8.2 You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.
8.3 If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
8.4 If we do not act in relation to a breach by you of these Terms, this does not waive our right to act with respect to that or subsequent or similar breaches.
8.5 These Terms are governed by the laws of New South Wales and each party submits to the jurisdiction of the courts of New South Wales.