Effective 12 May 2022
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR WEBSITE OR PURCHASING ANY ONLINE SERVICES
Introduction
Welcome to www.lawgix.com.au (“Website”). We promise the next few paragraphs are boring but super important. We’ve tried our best to make these terms easy to read and pain free but apologise in advance for this not so fun part.
This Website is owned and operated by Lawgix Pty Ltd (ACN 644 338 992) trading as Lawgix (referred to in these terms as “Lawgix”, “we”, “us”, and “our”). Lawgix is a company incorporated in New South Wales, Australia.
Please take the time to read the terms of use that are applicable to the use of this Website and the content made available to you (“Terms”).
These Terms together with our Privacy Policy apply to all of our Website visitors, subscribers to our Subscription Packages, clients, customers, and all other users of the Website (“user”, “you” and “your”). Yep, they’re super important. Please keep reading.
Privacy
These Terms also include our Privacy Policy which can be accessed here.
No legal advice
All content contained on this Website or otherwise provided to you as part of our online services is intended to provide general information in summary form on legal and other topics. The content does not constitute legal (or other) advice and should not be relied upon as such. You should obtain specific legal or other professional advice before relying on any content contained on this Website. A lawyer and client relationship is not created by your use of this Website, booking a free consultation or purchasing any of our products.
By using our Website, you understand and agree that any information, feedback, comment or review that you provide by reason of your use of our Website, using a free consultation or purchasing any of our products is not privileged or confidential.
Rules of use of website
If you access or use or download or purchase any products or services on our Website (including resources, guides, Lawgix Subscription, checklists, free consultations), you are taken to have agreed to these Terms and our Privacy Policy.
By using our Website, accessing or purchasing any of our products and/or services you warrant that:
- you are over 18 years of age and have legal capacity to enter into a legally binding contract;
- have read, understood and agreed to these Terms and our Privacy Policy; and
- will comply with these Terms and our Privacy Policy.
If you remain on this Website and continue to use our Website, you are deemed to have accepted any changes to these Terms. If you click "Agree" or "Accept", "Agree", "Let's Do This", "Book a free consult" or a similar option, you also accept these Terms.
In using our Website, we expect you to meet our standards of behaviour. You must not:
- breach another person’s privacy and use their details without their consent to do anything on our Website or in connection with our Online Services;
- interfere with anyone using this Website;
- use our Website to send unsolicited emails or correspondence;
- use this Website to defame, harass, threaten or offend any person;
- use our Website in any way that is or may be damaging to this Website;
- assist anyone else do any of the above.
If you don't agree with our Terms, then you must cease using our Website immediately.
Intellectual Property
Unless otherwise indicated, all materials used on this website or as part of our online services (including Shop templates, text, designs, graphics, logos, icons, sound recordings and software) are subject to copyright, trade mark or other intellectual property rights that are owned or licensed by us. You may only access and use these materials for non-commercial or personal use, except to the extent permitted by law or where you have received prior written approval from us.
When you purchase or download a Shop item, Guide or Resource (including via our Lawgix Subscription), we grant you a non-exclusive, non-transferable, limited licence to access and use that Lawgix material for your own personal business use.
You are not permitted to transfer any Lawgix material or your Lawgix Subscription or any of its inclusions or benefits to any other person or entity without Lawgix's express written consent.
You are not permitted to reproduce or exploit or use any of our Guides, Resources or Shop items for the purpose of reselling or offering products similar to ours or for any purpose other than to assist you in operating your own non-law firm business without our prior written consent. We reserve the right to immediately remove your access to our Website and your account without refund, if in violation of these Terms.
You agree that you will not distribute any Lawgix material on any medium without our prior written authorisation or as expressly provided in these Terms.
Any distribution or past distribution of any Lawgix material that violates these Terms is subject to liquidated damages of an amount equal to that which would be payable by a copyright infringer for knowingly copying text or work.
Lawgix reserves the right, in our sole discretion to accept or refuse to provide the products and/or services to you at any time for any reason.
Accuracy and liability
We do our best to ensure our Website is error free and accurate. However, Lawgix is conscious that occasionally there may be information that contains typographical errors. We try to fix these errors as soon as they are brought to our attention and apologise if they cause you any inconvenience. We reserve our right to refuse or cancel any order if any information on our Website is inaccurate at any time without prior written notice (including after you have submitted your order or enquiry form or subscription form).
We make no warranties or representations about this website or any of our online services or any content contained, and will not be responsible to you or any third party for any direct or consequential loss suffered in connection with the use of this website or any of our online services. To the maximum extent permitted by law, we exclude any liability that may arise due to your use of our website or any of our online services and/or the information or materials contained. You agree to indemnify us for any loss or liability arising out of your use of this Website or any of our online services.
External links
Our Website and social media channels may contain links to other sites operated by third parties. Those links may not be current or maintained. Unless we expressly tell you otherwise, we do not in any way, endorse, control or approve of and nor are we responsible for the content on those website or any loss you may suffer on those linked sites. You should carry out your own investigation to decide if those websites and their content work for you.
Creating an account on our website
It may be necessary for you to create an account on our website in order to place orders and access features on our Website.
By doing so, you comply with our Privacy Policy and warrant that any information you provide during the set up process of your online account is accurate. Lawgix reserve the right, at any time, to request a form of identification to verify your identity.
You are responsible for your account and you should ensure that you keep your log in details secure.
If you breach these Terms or any applicable law or your conduct affects our reputation, we reserve the right to suspend or terminate your account at any time, in our sole discretion without notice to you.
Is a representative of Lawgix my lawyer if I use this Website, use my free consultation or purchase products online?
In short, no.
If you use this Website, receive any information from us, download any of our guides or resources or make a purchase or complete a form to sign up for our Subscription Packages or make a purchase, this does not mean that Lawgix are your lawyers or that a lawyer-client relationship is formed.
This Website does not provide legal advice (or any other advice). Before Lawgix can be your lawyer, we must take our relationship with you to a whole other level and chat with you in more detail.
All information on our Website or in our marketing materials or on our social media platforms is general information only.
Lawgix provides a free 15 minute consultation on a per person basis. You cannot book multiple consults. You only get 1 free initial consult. We are flexible if you miss your consult and invite you to re-book by visiting our Book a Free Consultation page on our Website.
Lawgix provides these initial consultation by conducting 15 minute meetings via telephone or electronic communication (ie. Zoom, Microsoft Teams, Skype or mobile). All information provided during the initial free consultation is general information only. We provide you with a general overview of legal concepts. It is not legal (or other advice) and you should not rely upon it as legal advice. If you wish to engage us as your lawyer, then we can provide you with legal advice specific to your needs. Keep reading.
When does Lawgix become my lawyer?
We act for many businesses, individuals and corporate entities. These businesses, individuals and corporate entities may compete with each other. We follow the Law Society of NSW guidance on managing conflicts, including that we cannot act for parties on different sides of a dispute, and we generally cannot act for you if we have previously provided legal advice to a person or entity you are in dispute or a legal relationship with. We must first carry out a conflict of interest check to make sure that we are not at a conflict by acting for you. Lawgix will only become your lawyer when
- you contact us directly for legal advice that is specific to your circumstances or when you purchase a product from our Shop that includes providing specific legal advice to your circumstances; and
- after you have:
a) accepted a Costs Disclosure and Agreement with Lawgix for advice in relation to the product your purchased from our Shop; and
b) are provided advice within the scope of the services set out in our Costs Disclosure and Agreement.
Any legal advice provided under the accepted Costs Disclosure and Agreement, will be in accordance with the Legal Profession Uniform Law (NSW) and associated rules and regulations, and not these Terms.
What happens to these Terms if Lawgix becomes my lawyer?
If you engage Lawgix to provide legal advice in relation to a purchase of a Shop item and enter into a Costs Disclosure and Agreement with Lawgix, then these Terms will apply to you to the extent that you use the Website to access our Shop, and will operate in conjunction with any Costs Disclosure and Agreement. If there is a conflict or inconsistency between these Terms and a term in any Costs Disclosure and Agreement, the terms of the Costs Disclosure and Agreement will prevail.
Lawgix Subscription
Lawgix offers three different subscription pages. Each subscription is for a 12 month term. These include:
- Lawgix Insider package;
- Lawgix VIP package; and
- Lawgix Elite package.
Collectively, we refer to these subscription packages as "Lawgix Subscription".
If you wish to sign up for a Lawgix Subscription, check out our Subscriptions page on our Website and complete a subscription form. You will need to comply with these Terms and sign a Lawgix Costs Disclosure and Agreement which will be issued to you after you complete a subscription form.
Our Website contains a descriptions of each Lawgix Subscription. If you need help in deciding which one is the right one for you, book in a free 15 minute consultation.
Depending on the type of Subscription Package you have purchased, the Lawgix Subscription Package may include the following benefits:
- *Unlimited scheduled consultation calls;
- Access to Lawgix Resources (new guides are included too!);
- Discounts on our Lawgix Shop items including 10% (Insider and VIP), and 15% (Elite);
- Discounts on any subsequent legal work including 10% (Insider and VIP), and 15% (Elite);
- Choice of 1 or 2 templates from our Lawgix Shop depending on your Lawgix Subscription;
- Trade mark searches and applications (quantity depends on your Lawgix Subscription);
- **Business marketing Strategy assessment
- ***Extras (quantity and task type dependent upon Lawgix Subscription purchased).
*Our 15 minute telephone calls in our Lawgix Subscription (as applicable) are for quick consultations. They are for non-complex discussions and not for urgent or lengthy advice or any advice that requires further research. They are idea for questions about our Guides and Resources.
**Business marketing strategy assessment is 60 minutes in length and we will discuss your business marketing strategy with you. This does not include legal advice but is focused around overall business marketing advice for your business.
***Extras may incur charges that are third party fees (ie. government charges or other charges (including but not limited to IP Australia or ASIC fees)). Such fees will be included in our tax invoice and issued to you. Payment is required in accordance with our Terms and invoice terms. Such fees are additional to your monthly Lawgix Subscription fees and will be charged in addition to your monthly Lawgix Subscription. Extras may include providing lease advice and carrying out the leasing transaction, contract review, customised contract drafting and entity restructuring advice. The quantity and availability of these Extras depends on which Lawgix Subscription you purchase.
Completion of Shop templates
Once you purchase a Shop template from our Website, you are solely responsible for its completion and use. That is, you will need to complete all of the information in the Shop template unless you have a Lawgix Subscription and as part of that Lawgix Subscription you have selected for Lawgix to customise that Shop template to be specific to your business, needs and circumstances. We provide no warranties or representations regarding the Shop templates. You use the Shop templates at your own risk. However, we are available if you wish to discuss your Shop template. Book in a free consultation!
Customisation of Shop templates
If you have selected as part of your Lawgix Subscription or engaged us to tailor a Shop template for you, Lawgix will obtain your instructions and incorporate any feedback from you regarding the template document plus one round of amendments (up to an hour of our time). If you need further amendments to the Shop template or where we need to participate in any negotiations with a third party, this is not included in your Lawgix Subscription. Lawgix will provide you with a Costs Disclosure and Agreement in relation to the additional fees associated with further amendments and negotiations in accordance with the Legal Profession Uniform Law (NSW).
Lawgix Subscription Expiry
If you do not use your subscription in any particular month, unused services will expire at the end of the month or year relevant to each service.
Fees, Billing and Payment
The fees associated with each Lawgix Subscription is published on our Website and will be specified on the tax invoice we provide to you.
Lawgix reserves the right to make changes to the fees, products and services offered with the Lawgix Subscription at any time without notice to you. Lawgix will charge the fee applicable on our Website at the time of your purchase of the Lawgix Subscription and this will be applicable for the subscription period from the date you made the purchase or upgrade. All tax invoices will be issued in Australian Dollars and must be paid in accordance with our terms.
Payment for your Lawgix Subscription by credit card through our secure online payment gateway. All payment details provided to Lawgix should be accurate at all times and you must let us know if your payment details change. If payment is declined, your access to Lawgix will be suspended until payment has been updated and you must pay all monies due on any template documents to the full value of those documents.
Your monthly subscription fee can be paid by credit card through our secure online payment gateway or via direct debt from your nominated account. Any amounts due and payable under these Terms in accordance with our "Direct Debit Request" form and any other terms or conditions agreed by you at the time of authorising us to directly debit your nominated account. Your subscription payments are due monthly, commencing within 30 days of the start of your subscription and reoccurring monthly. Credit Card details will be retained by the payment gateway used by Lawgix to process your subscription payment. Subscription renewal will occur automatically unless you inform us you do not wish to continue. You authorise Lawgix to debit your account on the monthly cost of your chosen Subscription Package for the minimum term.
Moving on?
If you decide that Lawgix Subscription is not for you, you may cancel your Lawgix Subscription after a minimum of 6 months by giving us at least 1 month's prior written notice.
The Lawgix Subscription fees are non-refundable. You acknowledge and agree that your termination or cancellation of your Lawgix Subscription before the end of your Lawgix Subscription term, will result in the full amount of the Lawgix Subscription fee for the remainder of the Lawgix Subscription term being immediately due and payable to us.
Lawgix Subscription requires you to accept a Costs Disclosure and Agreement
As part of your Lawgix Subscription, we will require you to review, sign and return to us a Costs Disclosure and Agreement. This is a condition of your Lawgix Subscrption and we will submit our Costs Disclosure and Agreement to you upon receipt of your Lawgix Subscription form.
Lawgix Subscription changes
If you wish to upgrade your Lawgix Subscription during your subscription term, you may contact us and we will update your Lawgix Subscription which will commence at the date of Lawgix Subscription upgrade. Unfortunately, we do not permit a downgrade of your Lawgix Subscription
Scope of Lawgix Subscription
The only products and services included in our Lawgix Subscription are as specified on our Website. No other services are included.
Lawgix reserves the right to determine whether the your calls are complex (including time consuming or requiring research and further consultation). If Lawgix reasonably believes that your calls are complex, then we will advise you of this as well as the additional associated costs. We will provide you with our Costs Disclosure and Agreement for such additional professional costs beyond your Lawgix Subscription.
Termination of Subscription Package
We have rights to terminate your Lawgix Subscription.
Lawgix may cease to act for you, terminate your Lawgix Subscription or refuse to provide you with further legal services for any reason including if you breach these Terms or the law or our Costs Dislcosure and Agreement, we consider your use of your Lawgix Subscription is not fair or reasonable, or we otherwise consider it no longer appropriate to act for you.
If a Lawgix Subscription is terminated due to a breach of these Terms, the balance of the instalments is due for the remainder of the subscription term and will become immediately due and payable to us.
Fees and Payment
Lawgix fees are all in Australian Dollars (AUD) and include Australian Goods and Services Tax (GST) (as applicable). We may change the fees on our Website at any time without notice to you. The price applicable at the time of purchase of our Shop templates or Lawgix Subscription will be the fees in force at that time.
Lawgix offers visitors who want to purchase from our Website the option to pay for any of our online services by Paypal, Stripe or credit card or such other method of payment as notified by Lawgix from time to time. You acknowledge and agree to make full payments to Lawgix for the online services purchased on time and without delay. You warrant that you have the necessary rights and authority to use the credit card if you are making payment with a credit card. You give your authorisation to Lawgix to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current and up to date at all times. If you fail to make payment or payment is declined for any reason, Lawgix may revoke your access to our online services, without refund. When making payments to us, you warrant that you have read the terms and conditions of any third party payment gateway provider or credit provider (e.g. Paypal, Stripe etc) which are available on their respective websites.
We may offer discounts including exclusive member only discounts from time to time. Any such discounts cannot be used in conjunction with another offer or discount. This means, only one discount per each purchase. Discount codes are not transferable and cannot be redeemed for cash.
Granting of licence
We’re almost done. Promise.
If you have downloaded any of our Online Services or to which you are granted access, Lawgix grants you a limited, personal, non-exclusive, non-transferable license to use the Online Services for your own personal and internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to edit, modify, reproduce, copy, create derivative works of, reverse engineer, alter, sell, enhance or in any way exploit any of the Online Services in any manner, except for modifications in completing the Online Services for your authorised use.
You must not remove any copyright notice from any of the Online Services. Doing so may infringe on our intellectual property rights, as outlined below.
Lawgix needs you and values your feedback
We wouldn’t be here without you. We value your interaction and feedback about the products and services we provide.
If you submit a review a comment on our Website or social media channels you authorise us to use that feedback on our social media or other channels. You can contact us if you prefer we didn't.
If your review or comment:
- contains defamatory or unlawful, abusive or indecent material;
- contains information that discloses your personal information; or
- attacks a member of our staff or another party;
- is unrelated to the post or content to which you have reviewed or commented on,
we may remove your review or comment without notice to you.
Competition
You are not allowed under any circumstances to use or access any documents or content on our Website in any way that competes with our business. Lawgix reserves its right to exclude and not permit any person using our Website or accessing its document in its sole discretion.
Warranties
In providing this Website and to the fullest extent permitted by law, Lawgix makes no representations as to the accuracy of its content or it fitness for any particular purpose. We make no warranties as to your access to our Website being free from any harm (ie. viruses) nor do we make any representations as to there being no possibility of failure to store communications or any other data.
Limitation of liability and indemnity
Lawgix is not liable for any action, statement, representation, inducement, undertaking or advice, or the accuracy of or reliance on such matters, made, provided or published by a lawyer or client via the Website or otherwise.
You will not hold Lawgix liable for any loss or damage suffered as a result of your use of the website, whether or not that loss or damage was caused by Lawgix or another user of the Website.
You indemnify Lawgix (and its officers, employees, representatives, agents and contractors) from and against any loss suffered or incurred by, and any claim made by, any party, arising from or in connection with your use of the website, or your (or any other persons) breach of these Terms or Privacy Policy.
You unconditionally release Lawgix (and its officers, employees, representatives and contractors) from any liability or obligation (known and unknown) relating to or in connection with any dispute you may have with another user of the Website.
To the extent legally permitted, Lawgix disclaims all warranties, representations, conditions, guarantees and terms other than those expressly set out in these Terms, express or implied. In the event that Lawgix is found liable to any party under or in connection with these Terms or the Website, its aggregate liability to that party is limited to the amount that party has paid to Lawgix for the service that gave rise to the claim during the 12 months preceding the claim.
Lawgix does not guarantee continuous, error-free access to the website. Lawgix reserves the right to suspend access to the website for critical maintenance without notice.
To the extent legally permitted, Lawgix (and its officers, employees, representatives, agents and contractors) will not be liable for any consequential loss under or in connection with our Website or these Terms.
Breach and termination
The agreement constituted between us by your use of our Website may be terminated where you breach any provision of these Terms or at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access our Website.
Discontinuing our website
We have the right to discontinue our Website at any time and without notice to you. We may also exclude any person from using our Website, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion. We will also not be responsible for any technological interruptions with our website.
Assignment
We are permitted to assign, transfer and subcontract our rights and/or obligations under these Terms without any notification or consent required. However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.
Entire Agreement
These Terms (together with our Privacy Policy and disclaimers) contained on our Website, constitute the entire agreement between us and you, and supersede all previous communications, representations, inducements, undertakings, agreements or arrangements between the parties.
Severability
This agreement will be enforced to the fullest extent permitted by applicable law. If anything in this agreement is unenforceable, illegal or void then it is severed and the rest of the agreement remains in force.
Governing law
The laws of New South Wales, Australia govern this agreement and you agree to the Courts and / or Tribunals of New South Wales having jurisdiction in any matter under this agreement including any dispute relating to the business or our Terms or, other documents on website, or Privacy Policy
We make no representation that our Website or content complies with laws of any country outside of Australia.
Updates
We may change these Terms at any time by updating this website without notice to you and your continued use of the website following such update will represent an agreement by you to be bound by the terms and conditions as amended. If at any time you choose not to accept these Terms, you should not use our Website.
WOO HOO!! You did it! You got through Lawgix’s Terms of Use of our Website! Now quick, book a free consultation!
Contact us
If you have any questions regarding our Terms, just connect with us via our contact page or via our email to heyteam@lawgix.com.au
