Terms of Use

Legal Radar ABN 60 668 411 247 (we, us, our) owns and operates legalradar.com.au and all of its subdomains (our Site), and various third party social media and messaging sites, channels, pages, groups and forums (which, collectively with our Site, we will refer to as our Services).

Acceptance and Variation of Terms

Your permission to access and use our Services is conditional upon you agreeing to the terms and conditions set out below (Terms). You must read these Terms carefully.

By clicking an ‘accept’ button (or similar), creating an account, making a purchase, accessing or using our products (whether through our Site or otherwise), or accessing or using any part of our Services, you accept, or are deemed to have accepted (as the case may be), all of these Terms, as varied, modified or amended by us from time to time.

You agree that these Terms are legally enforceable and binding in the same manner as any written negotiated contract bearing your signature or seal. If you do not agree with these Terms, you must not create an account and must not access or use any part of our Services.

We reserve the right to modify, permanently or temporarily disable, or discontinue any part of our Services and to alter, amend or withdraw any part of these Terms, our Privacy Policy or any information or material appearing on our Services at any time, without liability or further notice to you. Your continued use of our Services will constitute an automatic acceptance of any alterations, withdrawals or amendments made by us.

Acceptable Use

You agree that you are only authorised to use our Services for the following activities:

(a) for your own personal use; and

(b) any other purpose which we make known to you.

You must not use our Services for any illegal purpose or activity, including but not limited to any act which causes, or may be likely to cause, physical harm to any person.

Your access and use of our Services are subject to these Terms and any other terms and conditions of use that appear on our Services (including third party terms of use, such as those adopted by social media websites and platforms) and any click-and-accept end user licence terms, together with privacy policy terms and acceptable use standards.

You agree not to use our Services to do any of the following:

(a) distribute malware or viruses;

(b) send unsolicited communications, promotions or advertisements (commonly referred to as spam);

(d) send anything that is fraudulent, misleading, or infringes a third party’s rights;

(e) impersonate or misrepresent your affiliation with any person or entity; or

(f) breach any law, violate the privacy of a third party, or defame a third party.

No Minors

Our Services are designed for use only by people who are 18 years of age or older. Persons under 18 years of age must only use our Services with the consent of their parent or legal guardian. We may, in our discretion, request you to provide evidence of such consent, if applicable.

Licence to Access and Use Digital Products

Our Site offers a variety of digital products, including courses or other pre-recorded audio or video content, or other written materials (Digital Products).

When you purchase any Digital Products from our Site, we grant to you a non-exclusive, non-sublicensable, non-transferable licence to access and use (but not download, store or copy) such Digital Products for your own personal use and reference. You must only access our Digital Products (other than written documents) through our Site and must not make your own copies for access outside of our Site. For any Digital Products which are written documents (typically provided to you as a Google document, Word document, portable document file (PDF)), we grant you a licence to download and/or print for your own personal use, storage, retention, and reference.

You must not copy, re-sell, sublicense, rent out, share, modify, create derivations of, or otherwise distribute any of our Digital Products, whether modified or not, to any third party without our express prior written consent which we may grant or withhold in our sole absolute discretion.

No Legal or Professional Advice

You acknowledge and agree that:

(a) Legal Radar is an educational services provider only, not a law firm;

(b) Legal Radar is not a registered or licensed training organisation or training services provider;

(c) unless otherwise expressly stated, we, and any other person using our Services (whether as a user, moderator, administrator, or other user type), are not, in Australia or any other jurisdiction in the world:

(i) lawyers, solicitors, barristers, attorneys, or other qualified legal advisors;

(ii) accountants or tax advisors;

(iii) financial advisors or financial service providers;

(iv) other qualified professional advisors of any kind.

Our educators may be qualified lawyers or other professional advisors, however, they deliver content for Legal Radar for general information and educational purposes only and you do not engage any of them or Legal Radar for legal, financial, accounting or other professional advice or services.

All text, images, audio recordings, video recordings, interactive media, written materials, and other information and content (Content) hosted or made available on or through our Services is provided:

(a) for general information and educational purposes only, and do not constitute advice of any kind (legal, financial or otherwise) to you or any other person; and

(b) without any regard whatsoever to the personal legal, compliance, financial or other circumstances of any person.

No Content hosted or made available on or through our Services is intended to constitute advice (legal, financial or otherwise).

Any user-created Content which is hosted or made available on or through our Services is provided for, and on behalf of, the relevant user who created or supplied such Content. No user-created Content has our endorsement, nor has any such Content been vetted or reviewed by us (whether from a legal or financial perspective, or otherwise) prior to being made available on our Services.

All statements, representations, estimations, projections, or forecasts made in or through our Services by us or any other person (whether relating to the present or the future) are expressions of opinion only, and do not necessarily represent our opinion or have our endorsement.

Before acting on, or relying upon, any Content hosted or made available on or through our Services, we strongly recommend that you:

(a) undertake your own investigations and enquiries; and

(b) seek independent clinical, legal, accounting, tax, financial, business, technical and other professional advice from appropriately qualified professional advisors.

Your Acknowledgements

By using our Services, you acknowledge and agree to the following:

(a) subject to law, we make no statements or representations, and give no warranties or guarantees to you, that our Services are suitable for any particular use or purpose;

(b) you are solely responsible for:

(i) your own professional, clinical, legal, financial, and other decisions;

(ii) any results, consequences, or outcomes experienced by you or any third party (such as a patient, client or customer of yours) arising from your use of our Services;

(c) before providing any health or other service to a third party (whether regulated or otherwise), or making any professional, clinical, legal, financial, or other decision, you will:

(i) undertake your own investigations and enquiries;

(ii) exercise your own professional and clinical judgment based on your own knowledge, experience, and skills; and

(iii) seek independent clinical, legal, accounting, tax, financial, compliance, business, technical and other professional advice from appropriately qualified professional advisors;

(d) you are solely responsible for complying with all applicable laws in relation to any business or undertaking that you may use our Services to assist you with;

(e) to the extent that our Services assist you to comply with the law, any such assistance is a suggestion only and we make no statements or representations, and give no warranties or guarantees to you, that you may fully comply with the law solely by using our Services.

Accounts

Account Creation

Some of our Services may require you to:

(a) create an account with us;

(b) provide us with a valid email address; and/or

You may be required to provide additional information to carry out certain activities, such as purchasing a product from us, as set out in our Privacy Policy.

Your Acknowledgements

When creating an account with us, you acknowledge and agree that:

(a) you will not provide any false personal information and will keep your personal information accurate and up-to-date;

(b) you will only create one (1) account;

(d) you will not create a new account if your account is disabled;

(e) if you create an account using your user credentials from a third party site (such as Facebook or Google), your use of such credentials is subject to the relevant third party site’s terms of use and privacy policy, and you consent to us collecting such user credentials for the purpose of creating your account;

(f) we may alter any part of your user account if we receive a legitimate complaint, or otherwise form the view (in our sole discretion) that it is inappropriate or offensive; and

(g) we have the right to terminate your access to our Services, at any time, in our sole discretion, without prior notice to you.

Account Deletion and Termination

You may delete your account at any time either by using the in-built deletion facility on our Services (if any), or by contacting us by at hello[at]legalradar.com.au.

We reserve the right to alter any part of your user account, delete your account and/or terminate your access to our Services, at any time, in our sole discretion, without prior notice to you, including in the following circumstances:

(a) if you breach these Terms, or any other relevant third party terms and conditions, or we suspect that you have breached them; or

(b) if you engage in any illegal, offensive, defamatory, or obscene conduct or behaviour.

Memberships, Fees & Payments

Fees

Unless otherwise expressly stated by us, all fees and charges are:

(a) quoted and payable in Australian dollars ($AUD); and

(b) inclusive of any applicable goods and services tax (GST) and other applicable value-added tax (VAT) which will be calculated and charged according to the laws of the country in which you are located.

Memberships

We may offer different membership or subscription types incorporating different terms, features and fee arrangements, including but not limited to one or more of the following:

(a) periodic memberships (e.g. quarter-to-quarter, year-to-year);

(b) minimum commitment periods (e.g. quarterly or yearly commitment), during which time you will not be entitled to any refund if you cancel your subscription;

(d) different payment frequencies for each periodic membership.

All subscriptions automatically renew by default for the original subscription period on the last day of the current membership period, regardless of the payment frequency. For example, an annual subscription will renew each year for a further year.

We will endeavour to notify you prior to the renewal date of your subscription. However, if we fail to notify you, or you do not receive our notification for any reason, this will not prevent the renewal of your subscription.

We may offer certain features only to users on certain subscription types. Subject to any agreement by us to the contrary, you acknowledge and agree that we may, at any time in our discretion, without notice to you:

(a) add, remove, or limit access to certain membership types;

(b) add, remove, or vary the nature or terms of, the features associated with any membership types offered by us, except for any existing membership for which you have agreed to a minimum contract period; and

Third party payment processors

Where any payments or transfers are handled by a third party service provider, they are subject to third party service provider’s terms and conditions.

We accept no responsibility or liability in relation to payments processed by the third party service provider. Any issues which you experience in making payments to us may be raised with us, however, we reserve the right to require you to liaise with third party service providers directly.

Authority to charge

If we hold payment information for you, you authorise and consent to us automatically charging you for all monies due and owing by you from time to time.

Failure to pay fees and other money

If you fail to pay any fees or other money owing to us within seven (7) days of the relevant due date, we will automatically suspend your account and your access to our Services until such time as you pay all monies due and owing to us.

We reserve the right to charge you interest at the rate of 15% per annum, calculated daily and capitalised monthly on the last day of each month, on all monies which you owe to us which are not paid by the relevant due date.

We may also recover from you any legal and other costs incurred by us in enforcing these Terms and recovering overdue monies from you.

Set-off

You agree, consent, and authorise us to set off any monies which we may owe you against any monies which you may owe us, from time to time.

Refunds and Chargebacks

(a) To the greatest extent permitted by law, subject to anything in these Terms to the contrary, all fees and other monies paid or payable by you to us are non-refundable immediately upon payment by you. To the extent that we are liable under the law for any defect or issue, our liability is limited to the amount paid by you.

(b) If you initiate a transfer recall with your financial institution, or a chargeback on your credit or debit card, or take any similar action, you must pay us an administration fee of AUD$50.00 on demand.

You must return any products which you have received, but for which you have not paid in full. A failure to return such product/s will entitle us to recover the full sale price from you as a liquidated debt. You acknowledge, agree and consent to us setting off any such fees against any monies which we may owe to you from time to time.

Promotions and Discounts

We may offer promotions and discounts from time to time. All promotions and discounts are offered subject to these Terms and any other terms and conditions specified by us from time to time on our Services or by direct communication to you.

Affiliate Program

We may offer an affiliate program, which is subject to the terms and conditions which we publish on our Site from time to time. You acknowledge and agree that we may vary the terms and conditions applying to any affiliate program at any time without prior notice to you. Your continued use of our Services will constitute an automatic acceptance of any such variations made by us.

Security

You must ensure that you keep secure and confidential all login credentials (e.g. username and password) required to access our Services.

We may support multi-factor authentication in order to access our Services, such as by requiring you to input one-time-use codes sent to the mobile number associated with your account, which we encourage you to use to secure your account.

You must immediately notify us of any unauthorised use of your login IDs or passwords or any other breach of security.

Where there is unauthorised access or a breach of security, we will take appropriate steps to rectify the unauthorised use or breach of security, including by, without limitation, cancelling and resetting the relevant login IDs and passwords, and you must take all other actions that we reasonably deem necessary or desirable to maintain or enhance the security of our computing systems and networks and your access to our Services.

We will use all reasonable endeavours to ensure that we provide a secure environment for any data stored or hosted on our systems, including by encrypting your data. You acknowledge however that no information which is available on the Internet is completely secure and you agree that we will not be liable for any damage, loss, cost, liability, expense, injury or death of any kind and however arising including penalties, fines and interest whether prospective or contingent and any amounts that for the time being are not ascertained or ascertainable (Loss) suffered by you or any third party should our security measures (or those of any of our service providers) be overcome or breached.

We maintain appropriate technical and operational measures, internal controls, and data security routines intended to protect your data against accidental loss or change, unauthorised disclosure or access, or unlawful destruction. We are not responsible for the security of any data stored on any personal computer, laptop, mobile or other device owned or controlled by you.

No Interference

You agree that you will not:

(a) use our Services in any way that could damage our reputation or goodwill;

(b) permit any person to access and use our Services other than in accordance with these Terms;

(c) disable, tamper with or otherwise attempt to circumvent any billing mechanism that meters the use of our Services by you or any other person;

(d) except to the extent that any applicable laws (including but not limited to copyright laws) prevent us from restraining you from doing so:

(i) reproduce, make error corrections to or otherwise modify or adapt our products or Services or create any derivative works based upon our Services, except as permitted by these terms; or

(ii) decompile, disassemble or otherwise reverse engineer our Products or Services or permit or facilitate any third party to do so;

(e) when accessing and using our products and Services:

(i) attempt to undermine the security or integrity of our computing systems or networks or, where our Services are hosted or operated by a third party, the third party's computing systems and networks;

(ii) use, or misuse, our Services in any way which may impair its functionality, or the functionality of any other system used to deliver our Services, or impair the ability of any third party to lawfully use our Services;

(iii) attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which our Services are hosted or stored;

(iv) transmit, or input into our products or Services any information, data, files or other material that may damage any other person's computing devices or software, may be offensive, or which is in violation of any law (including material protected by copyright or trade secrets which you do not have the right to use);

(v) attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver or operate our products and Services, except as is strictly necessary to use either of them for normal operation;

(vi) remove or modify any program markings or any notice of proprietary rights, including those of any third party;

(vii) use any automated processes or means to access our Services;

(viii) use any software or manual repetition that will or is likely to interfere with our Services; or

(ix) attempt to cause stress or detriment to the proper working of our Services, such as by:

(A) acting in any way likely to cause an unreasonable strain to the infrastructure of our Services;

(B) reloading or refreshing transaction pages more than once every 5 seconds; or

Availability

We will use our best endeavours to ensure that our Services are accessible on a continuous basis, 24 hours a day, seven days a week. However, we may, without notice, suspend all or part of any access to our Services immediately for any reason, including for the purpose of undertaking maintenance and updating of our Services, and in cases of emergency to prevent loss or damage to any person.

You acknowledge and agree that access to our Services is reliant upon various factors outside our control, including, without limitation, you meeting the minimum technical requirements of our Services, your Internet service provider or telecommunications provider, the speed and bandwidth of your Internet connection, the equipment or devices which you use to access and use our Services, our hosting and web server (to the extent that we engage third party service providers), and other factors which may impact upon the delivery of our Services to you via the Internet.

While we will use all reasonable endeavours to ensure that you have continuous access to our Services, we will not be liable to you or any other person for any Loss to property or persons arising due to a loss of access, or an inability to access, our Services.

Except as expressly stated by us, the information and Content contained within our Services (including its coding, wording, design, graphics and logos), and products sold by us (including Digital Products), are owned by us or our affiliates and are protected by Australian and international copyright and trademark laws (as applicable). You may only retain copies of information as authorised under these Terms.

Intellectual Property

You acknowledge and agree that we or our affiliates own all rights, title and interest, including intellectual property rights and moral rights (IP Rights) in and to all of our products and Services, including but not limited to our Digital Products, and any Content hosted or made available on or through our Services, and that nothing in these Terms has the effect of, or should be construed as having the effect of, passing ownership of any such IP Rights, or those of any third party, to you or any other person whatsoever.

You further acknowledge and agree that we at all times retain ownership of all IP Rights created by or for us (whether or not related to our Services and whether created before or after the commencement of our agreement with you under these Terms) and, to the extent that any such IP Rights vest in you (by operation of law or otherwise), you hereby irrevocably assign, transfer and dispose of all such IP Rights to us with effect immediately upon such rights arising or vesting in you (as the case may be). To the extent that such assignment, transfer or disposal is not possible under the law, you irrevocably grant us a royalty-free, perpetual, worldwide licence to use, reproduce, modify, redevelop, sublicense, exploit and commercialise all such IP Rights as we see fit.

You must not knowingly do any act or thing in relation to data which would infringe any third party’s IP Rights. You are solely responsible for obtaining any consent, approval, authority or licence from the holders of any IP Rights required to enable you to deal with any relevant data or to do any act or thing in relation to those IP Rights.

Privacy

These Terms are subject to our Privacy Policy which is incorporated by reference. By using our Services, you consent to us collecting your personal information. Please read our Privacy Policy so that you are aware of how we collect, use and disclose personal information.

If, as a result of these Terms, a person (other than us) collects, or is able to access, any personal information or data about identifiable individuals, then that person must:

(a) comply with all relevant and applicable privacy laws and such other data protection laws as may be in force from time to time which regulate the collection, storage, use and disclosure of information, as if they were regulated by these laws;

(b) comply with any applicable privacy code or policy which has been adopted by the person who collected the personal information as if it were bound by that code or policy;

(c) take all reasonable measures to ensure that such personal information is protected against loss and against unauthorised access, use, modification, disclosure or other misuse and that only authorised representatives, employees and officers have access to it; and

(d) co-operate with the other person in the resolution of any complaint under, or relating to, any of the laws, codes or policies referred to in paragraphs (a) and (b) above.

Third Party Sites and Content

Our Services may contain links to third party websites outside our control (Third Party Sites). Our Services may also make available to you Content hosted by Third Party Sites (Third Party Content). We take no responsibility for Content contained in any Third Party Sites, or any Third Party Content made available by us to you. We do not endorse any aspect of any Third Party Sites or Third Party Content. We provide links to Third Party Sites, or access to Third Party Content, for convenience only. You access and use all Third Party Sites and Third Party Content entirely at your own risk.

If you choose to purchase goods or services from a third party, including from a Third Party Site accessed from or through our Services, you are entering a separate agreement with that third party, and expressly agree that we are not a party to any such transaction.

Feedback

You consent to us soliciting comments, information, requests, data, ideas, enhancement requests, recommendations, description of processes, or other information concerning our products and Services from you or any person (Feedback). We own all IP Rights in any Feedback and may use such Feedback for purposes related to our Services or the carrying out of services by us generally in our business activities without further approval or acknowledgement, and you hereby assign to us all IP Rights in any such Feedback.

Off-Site Conduct

It is a direct violation of these Terms for you to engage in an activity using information and Content obtained from our Services to contact, abuse, advertise, sell to, harass or harm any other person.

Consequences for Violation

If you violate these Terms in any way, you agree that we may in our sole discretion and without notice to you:

(a) take any legal action we may have available against you;

(b) block your use of our Services;

(d) disclose information about you and your use of our Services for investigation by any enforcement body for your unlawful activity.

You agree that monetary damages may not be sufficient where your actions cause damage to us, whether by tarnishing our goodwill, causing a loss to sales or increasing our expenses and in such a case you consent to us obtaining injunctive or other equitable relief against you as a consequence of your violation.

DISCLAIMER

OUR PRODUCTS AND SERVICES ARE DELIVERED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS, SUBJECT TO ALL LATENT AND PATENT DEFECTS (IF ANY). IN THIS CONTEXT, WE DO NOT WARRANT THAT OUR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.

TO THE GREATEST EXTENT PERMITTED BY LAW:

(a) WE MAKE NO REPRESENTATIONS, AND WE DO NOT GIVE ANY WARRANTIES OR MAKE ANY GUARANTEES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, INCLUDING BUT NOT LIMITED TO LEGAL, FINANCIAL, OR BUSINESS PURPOSES, WHETHER OR NOT SUCH USE OR PURPOSE IS DESCRIBED BY YOU TO US OR OUR REPRESENTATIVES PRIOR TO THESE TERMS TAKING EFFECT; AND

(b) ANY CONDITION, GUARANTEE, OR WARRANTY WHICH WOULD OTHERWISE BE IMPLIED INTO THESE TERMS AND CONDITIONS IS EXCLUDED.

ALL DUE CARE IS TAKEN IN ENSURING THAT OUR PRODUCTS AND SERVICES ARE FREE OF ANY VIRUS, WORM, TROJAN HORSE AND/OR MALWARE, HOWEVER WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE WHICH ARISES IN CONNECTION WITH YOUR USE OF OUR SERVICES OR ANY THIRD PARTY SITE.

WE UNDERTAKE TO TAKE ALL DUE CARE WITH ANY INFORMATION WHICH YOU MAY PROVIDE WHEN ACCESSING OR USING OUR PRODUCTS AND SERVICES AND TO PRESERVE SUCH INFORMATION IN A SECURE MANNER IN ACCORDANCE WITH OUR PRIVACY POLICY. WE, HOWEVER, DO NOT WARRANT AND CANNOT ENSURE THE SECURITY OF ANY INFORMATION WHICH YOU MAY PROVIDE AND INFORMATION YOU TRANSMIT TO OUR SERVICES IS ENTIRELY AT YOUR OWN RISK.

WE PROVIDE NO WARRANTY AS TO THE ACCURACY OR CURRENCY OF THE ACCOUNT INFORMATION OR OTHER INFORMATION OR DATA UPLOADED TO OUR SERVICES BY ANY OTHER PERSON (INCLUDING USER-CREATED CONTENT).

FROM TIME TO TIME, WE MAY HOST THIRD PARTY CONTENT ON OUR SERVICES SUCH AS ADVERTISEMENTS AND ENDORSEMENTS. RESPONSIBILITY FOR THE CONTENT OF SUCH MATERIAL RESTS WITH THOSE THIRD PARTIES AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN SUCH MATERIAL OR ANY DAMAGE CAUSED EITHER DIRECTLY OR INDIRECTLY BY THEM.

WE HAVE MADE EVERY EFFORT TO ACCURATELY REPRESENT OUR PRODUCTS AND SERVICES AND THE INTENDED EDUCATIONAL OUTCOMES. HOWEVER, WE DO NOT GUARANTEE THAT YOU WILL ACHIEVE ANY SPECIFIC EDUCATIONAL RESULT OR OUTCOME. YOUR SUCCESS OR OTHERWISE IN USING ANY OF OUR PRODUCTS OR SERVICES DEPENDS ON VARIOUS FACTORS, INCLUDING HOW YOU CHOOSE TO CONSUME OUR EDUCATIONAL CONTENT AND APPLY YOUR LEARNINGS IN YOUR BUSINESS ACTIVITIES.

YOU WARRANT THAT YOU HAVE NOT RELIED ON ANY TESTIMONIALS PUBLISHED BY US IN MAKING A PURCHASE FROM US AND YOU HAVE UNDERTAKEN YOUR OWN INVESTIGATIONS AND ENQUIRIES TO SATISFY YOURSELF WITH RESPECT TO THE SUITABILITY OR OTHERWISE OF OUR PRODUCTS AND SERVICES FOR YOUR OWN PERSONAL PURPOSES.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE GREATEST EXTENT PERMITTED BY LAW:

(a) YOU PURCHASE, ACCESS AND USE OUR PRODUCTS AND SERVICES AT YOUR OWN RISK AND EXPENSE; AND

(b) YOU ARE SOLELY LIABLE FOR YOUR OWN ACTS, OMISSIONS AND NEGLIGENCE.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE GREATEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY LOSS (AS THAT TERM IS DEFINED IN THESE TERMS) TO PROPERTY OR PERSONS AS A RESULT OF, WHETHER DIRECTLY OR INDIRECTLY:

(a) ANY WILFUL ACT, OMISSION OR NEGLECT BY YOU, OR ANY OTHER PERSON;

(b) THE USE, NON-USE OR MISUSE OF OUR PRODUCTS OR SERVICES BY YOU, OR ANY OTHER PERSON;

(i) ANY CONTENT CONTAINED WITHIN OUR PRODUCTS (INCLUDING OUR DIGITAL PRODUCTS);

(ii) ANY CONTENT HOSTED OR MADE AVAILABLE THROUGH OUR SERVICES;

(iii) ANY STATEMENTS OR INFORMATION PROVIDED BY ANY THIRD PARTY NOT ACTING ON OUR BEHALF ON OR THROUGH OUR SERVICES;

(d) OUR PRODUCTS OR SERVICES FAILING, MALFUNCTIONING, OR NOT FUNCTIONING AS YOU EXPECT;

(e) ANY INFRINGEMENT OF ANY THIRD PARTY’S IP RIGHTS BY YOU, OR ANY OTHER PERSON; AND

(f) ANY BREACH OF THESE TERMS BY YOU, OR ANY OTHER PERSON.

TO THE GREATEST EXTENT PERMITTED BY LAW (INCLUDING THE AUSTRALIAN CONSUMER LAW, IF APPLICABLE), IN NO CIRCUMSTANCES WILL OUR LIABILITY EXCEED THE TOTAL OF ALL MONIES PAID BY YOU TO US IMMEDIATELY BEFORE THE EVENT OR SERIES EVENTS GIVING RISE TO THE RELEVANT CLAIM.

TO THE GREATEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY LOSS OF PROFIT, LOSS OF GOODWILL, LOSS OF OPPORTUNITY AND/OR ANY SPECIAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY YOU OR ANY OTHER PERSON, WHETHER DIRECTLY OR INDIRECTLY RELATED TO YOUR DEALINGS WITH US, OR OTHERWISE.

INDEMNITY AND RELEASE

INDEMNITY

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU WILL AT ALL TIMES INDEMNIFY AND KEEP INDEMNIFIED US AND OUR RESPECTIVE OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL LOSS (AS THAT TERM IS DEFINED IN THESE TERMS) (INCLUDING LEGAL COSTS AND EXPENSES ON A SOLICITOR AND OWN CLIENT BASIS) INCURRED BY ANY OF THOSE INDEMNIFIED OR RELEASED (AS THE CASE MAY BE) ARISING FROM ANY ACTION, CLAIM, DEMAND, SUIT, OR PROCEEDING MADE OR BROUGHT BY ANY PERSON AGAINST ANY OF THOSE INDEMNIFIED OR RELEASED (AS THE CASE MAY BE) WHERE SUCH LOSS AROSE OUT OF, IN CONNECTION WITH, OR IN RESPECT OF:

(a) ANY WILFUL ACT, OMISSION OR NEGLECT BY YOU;

(b) YOUR USE, NON-USE OR MISUSE OF OUR PRODUCTS OR SERVICES;

(i) ANY CONTENT CONTAINED WITHIN OUR PRODUCTS (INCLUDING OUR DIGITAL PRODUCTS);

(ii) ANY CONTENT (INCLUDING USER-CREATED CONTENT) HOSTED OR MADE AVAILABLE THROUGH OUR SERVICES;

(iii) ANY STATEMENTS OR INFORMATION PROVIDED BY ANY THIRD PARTY NOT ACTING ON OUR BEHALF ON OR THROUGH OUR SERVICES;

(d) ANY INFRINGEMENT OF ANY THIRD PARTY’S IP RIGHTS BY YOU; AND

(e) ANY BREACH OF THESE TERMS BY YOU.

RELEASE

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU RELEASE US AND OUR RESPECTIVE OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES FROM ALL LIABILITY FOR LOSS (AS THAT TERM IS DEFINED IN THESE TERMS) IN RELATION TO THE FOLLOWING MATTERS:

(a) ANY WILFUL ACT, OMISSION OR NEGLECT BY YOU, OR ANY OTHER PERSON;

(b) THE USE, NON-USE OR MISUSE OF OUR PRODUCTS OR SERVICES BY YOU, OR ANY OTHER PERSON;

(i) ANY CONTENT CONTAINED WITHIN OUR PRODUCTS (INCLUDING OUR DIGITAL PRODUCTS);

(ii) ANY CONTENT HOSTED OR MADE AVAILABLE THROUGH OUR SERVICES;

(iii) ANY STATEMENTS OR INFORMATION PROVIDED BY ANY THIRD PARTY NOT ACTING ON OUR BEHALF ON OR THROUGH OUR SERVICES;

(d) ANY LOSS OF FUNDS RESULTING FROM MALICIOUS ATTACKS AGAINST US OR OUR AFFILIATES, INCLUDING BUT NOT LIMITED TO, CYBER-ATTACKS, HACKING, PHISHING AND FRAUD;

(e) ANY INFRINGEMENT OF ANY THIRD PARTY’S IP RIGHTS BY YOU, OR ANY OTHER PERSON; AND

(f) ANY BREACH OF THESE TERMS BY YOU, OR ANY OTHER PERSON.

Dispute Resolution

Except as permitted by law, in the event of a dispute between you and us, or between you and any other person using our Services, you must:

(a) notify us of the dispute either by using the contact facility on our Site (if any), or by contacting us by email at hello[at]legalradar.com.au;

(b) provide us with full and complete details of the dispute;

(d) act reasonably and in good faith with the other parties to the dispute in order to resolve the dispute amicably without formal legal action.

You acknowledge and agree that neither party may take formal legal action against the other without first seeking to have any dispute resolved by mediation, the costs of which will be shared by the parties.

CLASS ACTION WAIVER

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU MAY ONLY BRING A CLAIM AGAINST US IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, AND YOU HEREBY WAIVE YOUR RIGHT TO DO SO.

Reporting

If you encounter any content on our Services that you find offensive and which you believe violates these Terms, please report the content to us by e-mailing hello[at]legalradar.com.au. So that we can efficiently deal with your report, please ensure that your report:

(a) states the reason for your concern/s; and

(b) clearly identifies the content by providing:

(i) a description of it; and

(ii) a link to the specific page, post or content (if applicable).

Confidentiality

You agree to keep confidential all Content hosted or made available on or through our Services, including but not limited to all Content contained within our Digital Products (Confidential Information).

You agree not to copy, record or reproduce any such Confidential Information in any form whatsoever, or use it for your own purposes or to our commercial disadvantage. If requested by us, you agree to return or destroy any of our Confidential Information in your possession or control.

If you receive or encounter any information which a reasonable person would consider to be confidential in nature, you agree to contact us immediately at hello[at]legalradar.com.au.

Notices and Notifications

We may send or issue notices to you from time to time:

(a) through the user interface on our Services; and/or

(b) by email.

You consent to receiving notices by the above means. We take no responsibility for any failure of delivery of any notice or notification to you for any reason whatsoever.

General

Entire Agreement

These Terms contain the entire agreement between the parties about its subject matter. Any previous representation, understanding, arrangement, agreement, or warranty relating to that subject matter is superseded by these Terms.

Jurisdiction

These Terms are governed by the laws of the State of Queensland, Australia and each party submits to the non-exclusive jurisdiction of the courts of Queensland.

Severability

Any provision of these Terms that is illegal, void or unenforceable will be read down or severed so as to preserve the remainder of these Terms which will continue in full force and effect.

Waiver

A failure or delay in the exercise or enforcement of any right, power or remedy available by law or under these Terms by any party will not in any way preclude, or operate as a waiver of, any exercise or enforcement of that or any other right, power or remedy. All waivers must be expressly given in writing to be effective and binding. No waiver of a breach of any provision of these Terms will operate as a waiver of another breach of that provision or of a breach of any other provision of these Terms.

Rules of Interpretation

Unless the context otherwise requires, any terms defined in bold text have the meaning allocated to them wherever they appear in these Terms.

The following rules also apply to the interpretation of these Terms, except where the context otherwise requires:

(a) the singular includes the plural and vice versa;

(b) words of any gender include all genders;

(d) a reference to a clause, paragraph, schedule, annexure, or appendix is a reference to a clause or paragraph of, and a schedule, annexure, or appendix to these Terms;

(e) a reference to a document includes the document as novated, varied, or substituted from time to time;

(f) a reference to a person includes a natural person, partnership, body corporate, association, joint venture, and governmental body, authority, agency or other entity;

(g) a reference to a party is a reference to a party to these Terms and includes the party’s executors, administrators, successors, permitted substitutes (including by novation) and permitted assigns;

(h) a reference to two or more persons is to any of them together and each of them individually;

(i) a reference to legislation or regulations includes all delegated legislation made under it and amendments, consolidations, replacements or re-enactments of any of them;

(j) ‘including’ and similar expressions do not limit the generality of any provision of these Terms;

(k) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of these Terms or any part of it;

(l) a reference to $, AUD, dollar, or $ is to Australian currency; and

(m) headings and table of contents are for ease of reference only and do not affect interpretation.