ONLINE TERMS AND CONDITIONS

  1. ACCEPTANCE
    1. These Terms and Conditions (Terms) are between Swiftly Legal Family Law Pty Ltd ABN 34615317612 (“Swiftly Legal”), its successors and assignees (referred to as “we”, “us” or “our”) and you, the person who purchases services from us (referred to as “you” or “your”), These Terms apply to all sales made by us to you.
    2. You have requested specific services, described on and able to be ordered via our website (Services) www.swiftlylegal.com.au (Site). You accept these Terms by ticking the online acceptance box or making full payment for the services.
    3. You agree that these Terms form the agreement under which Swiftly Legal will process a transaction whereby you purchase legal services from a solicitor unaffiliated with Swiftly Legal. Please read these Terms carefully. Please contact us if you have any questions using the contact details at the end of these Terms. Using or purchasing any services from the Site indicates that you have had sufficient opportunity to read these Terms and contact us if needed, that you have read, accepted and will comply with these Terms, and that you are 18 years or older, or have the consent of a legal guardian who is 18 years or older. You must not order or use the services if you are under 18 years of age or do not have the consent of a legal guardian who is 18 years or older. If you do not agree to these Terms, you should not use or purchase services through the Site.
  2. SERVICES
    1. Access to the services provided via the Site will require you to register for an account (Account). It is your responsibility to keep the details of your Account, including your user name and password, confidential. You are liable for all activity on your Account, including any purchases made using your account details.
    2. You agree that Legal Shield is an intermediary that enables you to purchase the legal services set out on the Site from a solicitor unaffiliated with Legal Shield. You are responsible for paying the solicitor for the services provided. Legal Shield is in no way responsible for paying the solicitor other than as an agent on your behalf. The fees you pay for each service you purchase are charged by the solicitor and passed onto the solicitor once the solicitor has contacted you.
    3. Any solicitor-client relationship formed as a result of purchasing services through the Site is between you and the solicitor – not Swiftly Legal.
    4. You acknowledge that Legal Shield is not responsible for the products or services provided by any solicitor identified on the Site. Swiftly Legal is in no way responsible for the accuracy or quality of the legal services provided by any solicitor identified on the Site.
  3. PAYMENT OF LEGAL FEES
    1. You acknowledge that you wish to receive independent legal advice in relation to family law matters, and will enter into a cost agreement (Cost Agreement) within the meaning of the relevant legal profession legislation of your State or Territory with the law practice (Law Practice) that employs solicitor to whom you shall be referred via the Site.
    2. You agree to pay us the amounts set out on our Site. All amounts are stated in Australian dollars. All amounts include Australian GST (where applicable). You will be required to make payment by way of credit card, PayPal or other payment methods as set out on the Site when making a purchase for the Services.
    3. We agree to cause payment to be made to the Law Practice in relation to any invoices issued by the Law Practice in accordance with the Cost Agreement, less any referral fees to be retained by us, provided that you have paid us sufficient funds to cover the cost of those invoices before they become due for payment.
    4. The Parties agree that Legal Shield may discharge its obligations under clause 3.3 by payment to the Law Practice and the receipt of payment by the Law practice, less any referral fees charged to the Law practice by Legal Shield.
    5. You agree to direct the Law Practice to provide us with copies of any invoice contemplated by clause 3.3 and/or all fee estimates for the provision of the legal services that are to be provided, in advance of the legal services being provided.
    6. You agree that in the event of a dispute with the Law Practice, or an event liable to result in the termination of the Cost Agreement, you will immediately notify Legal Shield in writing and Legal Shield will be entitled to suspend its obligation to make payments in accordance with clause 3.3. Swiftly Legal’ liability pay under clause 3.3 will only recommence upon you becoming liable to pay under the Costs Agreement.
    7. You acknowledge that the Law Practice’s ability to provide legal services is dependent upon your ability to provide adequate and timely instructions to the Law Practice and otherwise abiding by the Costs Agreement.
    8. You agree and acknowledge that any default for which you are responsible under the Costs Agreement is deemed a default under these Terms and Swiftly Legal may rely upon such default to terminate these Terms provided that Legal Shield will be obliged comply with its obligation set out in clause 3.3 up to the date of termination.
    9. The Parties agree and acknowledge that upon any default resulting in the termination of these Terms, the Parties are authorised to notify the Law Practice.
    10. The pricing structure, payment methods and these Terms may be amended from time to time at our discretion. The pricing changes will apply to you for services provided to you after the date of the change. All other changes will apply from the date that the amended or new Terms are posted on our Site or are provided to you, whichever is earlier.
    11. You accept that providing credit card details to the Company is an authorisation to charge the users nominated invoice amount to the user’s nominated credit card account
  4. YOUR OBLIGATIONS AND WARRANTIES
    1. You warrant that throughout the term of these Terms that:
      1. there are no legal restrictions preventing you from agreeing to these Terms;
      2. the information you provide to us or to a Third Party via any questionnaire found on the Site (“Questionnaires”) is true, correct and complete;
      3. you are responsible for the accuracy and correctness for the information you provide to us and we are not responsible for any mistakes or error in the information you supply to us;
      4. you are responsible for obtaining any consents, licences and permissions from other parties necessary for the any lawyer identified on the Site for the services to be provided, at your cost, and for providing us with the necessary consents, licences and permissions;
      5. you consent to the use of your name and Intellectual Property in relation to the information you provide via any Questionnaires found on the Site.
  5. OUR INTELLECTUAL PROPERTY
    1. The Questionnaires that we provide to you via the Site contains material which is owned by Swiftly Legal and is protected by Australian and international laws. We own the Intellectual Property rights in the Questionnaires including but not limited to copyright which subsists in all creative and literary works incorporated into our Materials.
    2. You agree that, as between you and us, we own all Intellectual Property rights in our Questionnaires, and that nothing in these Terms constitutes a transfer of any Intellectual Property rights in our Questionnaires.
    3. Your use of our Questionnaires does not grant you a licence, or act as a right to use, any Intellectual Property in the Questionnaires, whether registered or unregistered, except as stated in these Terms or with our written permission.
    4. You are responsible for proofing and approving all documents drafted by us for the purpose of enabling any solicitor identified on the Site to act for you. Upon approval from you, any subsequent errors in publishing are not our responsibility.
    5. All work which we prepare or draft for you, but which does not proceed to be finalised by us for you, remains our Intellectual Property.
    6. You must not breach our Intellectual Property rights by, including but not limited to:
      1. altering or modifying any of the Questionnaires;
      2. creating derivative works from the Questionnaires; or
      3. using our Questionnaires for commercial purposes such as onsale to third parties.
      4. We grant you a non-perpetual, exclusive, revocable, worldwide and non-transferable licence to use the Questionnaires for the agreed purpose.
  6. CONFIDENTIAL INFORMATION
    1. We, including our employees and contractors, agree not to disclose your Confidential Information to any third party (other than, where necessary, Third Party Suppliers; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; only to use the Confidential Information for the purpose for which it was disclosed by you, to provide better quality services to you, and not for any other purpose.
    2. You, including your employees and contractors, agree not to disclose our Confidential Information to any third party; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; and only to use the Confidential Information for the purpose for which it was disclosed or provided by us to you, and not for any other purpose.
    3. These obligations do not apply to Confidential Information that:
      1. is authorised to be disclosed;
      2. is in the public domain and/or is no longer confidential, except as a result of breach of these Terms;
      3. is received from a third party, except where there has been a breach of confidence; or
      4. must be disclosed by law or by a regulatory authority including under subpoena.
    4. The obligations under this clause will survive termination of these Terms.
  7. FEEDBACK AND DISPUTE RESOLUTION
    1. Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about the Services, please contact us.
    2. If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure:
      1. The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
      2. If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Law Society of Victoria to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.
    3. Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.
  8. TERMINATION
    1. Either Party may terminate these Terms, if there has been a material breach of these Terms, subject to following the dispute resolution procedure.
    2. We may terminate these Terms immediately, at our sole discretion, if:
      1. we consider that our working relationship has broken down including a loss of confidence and trust;
      2. you act in a way which we reasonably believe will bring us or our Site into disrepute;
      3. you provide us with incorrect payment details or any other incorrect information;
      4. for any other reason outside our control which has the effect of compromising our ability to perform the work required within the required timeframe.
    3. On termination of these Terms you agree that any payments made are not refundable to you, and you are to pay all Fees for Services rendered to you.
    4. On termination of these Terms you agree to promptly return (where possible), or delete or destroy (where not possible to return), our Confidential Information and Intellectual Property, and/or documents containing or relating to our Confidential Information and Intellectual Property.
    5. On termination of these Terms, we agree to promptly return (where possible), or delete or destroy (where not possible to return), your Confidential Information and Intellectual Property, and/or documents containing or relating to your Confidential Information and Intellectual Property.
    6. On completion of the Services, we will retain your documents (including copies) as required by law or regulatory requirements. Your express or implied agreement to these Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on termination of these Terms.
    7. The accrued rights, obligations and remedies of the Parties are not affected by the termination of these Terms.
  9. CONSUMER LAW, LIMITATION OF LIABILITY AND DISCLAIMERS
    1. ACL: Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights). Our liability is governed solely by the ACL and these Terms.
    2. Services: If you are a consumer as defined in the ACL, the following applies to you: “We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services to achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.”
    3. Delay: Where the provision of Services depends on your information or response, we have no liability for a failure to perform the Services in the period set out on the Site where it is affected by your delay in response, or supply of incomplete or incorrect information.
    4. Referral: On request by you, we may provide you with contact details of third party specialists. This is not a recommendation by us for you to seek their advice or to use their services. We make no representation or warranty about the third party advice or provision of services, and we disclaim all responsibility and liability for the third party advice or provision of services, or failure to advise or provide services.
    5. Warranties: To the extent permitted by law, we exclude all express and implied warranties, and all material and work is provided to you without warranties of any kind, either express or implied. We expressly disclaim all warranties including but not limited to implied warranties of merchantability and fitness for a particular purpose.
    6. Liability: To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees and terms relating to the services and these Terms, except those set out in these Terms, including but not limited to:
      1. implied or express guarantees, representations or conditions of any kind, which are not stated in these Terms;
      2. the services being unavailable; and
      3. any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, or otherwise, suffered by you or claims made against you, arising out of or in connection with your inability to access or use the services, and the late supply of services, even if we were expressly advised of the likelihood of such loss or damage.
    7. Limitation: Our total liability arising out of or in connection with the services, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by you to us in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made, as applicable.
    8. This clause will survive termination of these Terms.
  10. DISCLAIMER
    1. You acknowledge and agree that the services made available via the Site is provided “as is” and subject to availability. Although we intend that access to the services via the Site should be available on a full-time basis, it is possible that the Website will be unavailable or there may be a delay in providing the services due to maintenance, outage or other issues from Third Parties which is beyond our control.
    2. While the information and material in the Questionnaires, available on the Site or otherwise provided to you by us, is provided in good faith on an “as is” basis, we accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy, currency or completeness of the information in the Questionnaires or information generally contained on the Site or in our Questionnaires. Any reliance you place on the Questionnaires or information contained on the Site is entirely at your own risk.
    3. You agree that any information, insight or guidance contained on the Site, in the Questionnaires or otherwise provided is not an attempt to provide legal advice. Use of our Site, or Questionnaires does not establish any kind of fiduciary relationship.
    4. This clause will survive termination of these Terms.
  11. REFUND
    1. Please ensure any details you submit via the Site and Services are correct and complete as we do not provide a refund of Fees for our Services.
    2. We may provide you with a refund on a case-by-case basis and solely at our discretion.
  12. PROHIBITED USE
    1. Use of our Site and Questionnaires is limited to the contemplated functionality. You agree that your use of our Site and Questionnaires must comply with these Terms. You agree that you will not use the Site and Questionnaires in a manner that:
      1. harasses, abuses, stalks, threatens, defames or otherwise interfere, infringe or violate the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
      2. is unlawful, fraudulent or deceptive;
      3. uses technology or other means to access the Site, Services or Questionnaires that is not authorized by us;
      4. uses or launch any automated system, including without limitation, robots, spiders, or offline readers, to access the Site or Questionnaires;
      5. attempts to or tampers with, hinder or modify the Site, attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality, knowingly transmit viruses or other disabling features, damages or interfere with the Application including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Site;
      6. attempts to gain unauthorised access to our computer network or user accounts;
      7. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
      8. violates these Terms;
      9. attempts to damage, disable, overburden, or impair our servers or networks;
      10. fails to comply with applicable third party Terms; or
      11. facilitates or assists another person to do any of the above acts.
  13. INDEMNITY
    1. You are liable for and agree to indemnify, defend and hold us harmless for and against any and all Claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:
      1. any information that is not accurate, up to date or complete or is misleading or a misrepresentation;
      2. any breach of these Terms; and
      3. any misuse of the the Site or the Questionnaires from or by you, your employees, contractors or agents.
    2. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of the Site including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
    3. The obligations under this clause will survive termination of these Terms.
  14. GENERAL
    1. Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
    2. Publicity: You consent to us using advertising or publically announcing that we have undertaken work for you, if you choose to rate one any of the solicitors identified on the Site. In such instances, Legal Shield shall limit all references to you by omitting your surname.
    3. Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
    4. GST: If and when applicable, GST payable on the Services will be set out on our Invoices. By accepting these Terms you agree to pay us an amount equivalent to the GST imposed on these charges.
    5. Relationship of parties: These Terms are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.
    6. Assignment: These Terms are personal to the Parties. A Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent not to be unreasonably withheld).
    7. Severance: If any provision (or part of it) under these Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of these Terms are valid and enforceable.
    8. Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate our agreement with you by giving you 5 business days' notice in writing.
    9. Notice: Any notice required or permitted to be given by either Party to the other under these conditions will be in writing addressed to you at the address in your Account. Our address is set out at the end of these Terms. Any notice may be sent by standard post or email, and notice will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission.
    10. Jurisdiction & Applicable Law: These terms are governed by the laws of Victoria and the Commonwealth of Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria.
    11. Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
  15. DEFINITIONS
    1. Claim/Claims includes a claim, notice, demand, right, entitlement, action, proceeding, litigation, prosecution, arbitration, investigation, judgment, award, damage, loss, cost, expense or liability however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute and whether involving a third party or a party to this Agreement or otherwise.
    2. Confidential Information includes confidential information about you, your credit card or payment details, the business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, know-how, Intellectual Property, technology, and other information whether or not such information is reduced to a tangible form or marked in writing as "confidential".
    3. GST means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time or any replacement or other relevant legislation and regulations.
    4. Intellectual Property includes any and all present and future rights to intellectual and industrial property throughout the world, and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), patents, improvements, registered and unregistered trademarks, designs (whether or not registered or registrable), any corresponding property rights under the laws of any jurisdiction, discovery, circuit layouts, trade names, trade secrets, secret process, know-how, concept, idea, information, process, data or formula, business names, company names or internet domain names.
    5. Moral Rights means the right of attribution of authorship, the right not to have authorship falsely attributed and the right of integrity of authorship, as defined in the Copyright Act 1968 (Cth).

Contact details:
Swiftly Legal Pty Ltd ABN 34615317612
Lv 13 200 Queen St Melbourne VIC 3000
chris@swiftlylegal.com.au

Last update: 17 August 2017