Terms and Conditions

Reliable Legal Precedents Pty Ltd Terms and Conditions of Use

1. Acceptance of Terms

Thank you for selecting Reliable Legal Precedents Pty Ltd ACN 099 593 647 (we, us or our as the context requires). We make our reliable legal precedents (the Precedents) available to the user (you or your as the context requires) on the condition that you accept these terms and conditions either by clicking the I ACCEPT button under Terms and Conditions on the web site or by signing the order form. We offer the Precedents to you on your acceptance without modification of these terms, conditions and notices (Terms of Use or Agreement). You acknowledge that we reserve the right to change these Terms of Use at any time. We will provide notice of material changes to these Terms of Use on our home page. Your continued use of the Precedents after such notice has been posted constitutes your acceptance of the changes. Your use of the Precedents will be subject to the most current version of these Terms of Use posted from time to time. You should periodically check the Terms and Conditions link to view the then current terms. If you breach any of the Terms of Use, your authorisation to use the Precedents automatically terminates.

2. Annual subscription

If you order a Precedent set, we will supply all Precedents in that set which are specified in the index of that Precedent set at the time of supply, together with all new and updated Precedents for 12 months from the date of your order. If you wish us to continue to provide you with Precedents for a further 12 months, you must pay for a new subscription prior to the end of each 12 month period.

2.1 Individual Precedents

If you order an individual Precedent, we will supply that Precedent to you once, without the right to any updates.

3. Licence

We agree to supply Precedents in accordance with the order form. However you must pay for all Precedent sets ordered in accordance with tax invoice supplied.

Subject to paragraph 3.1, the licence to use the Precedents commences from your acceptance of this Agreement and will continue in effect until terminated pursuant to this Agreement.

You may make sufficient copies of the Precedents as is reasonably required as part of your operational use, backup and security.

Your licence to use the Precedents is non-exclusive and non-transferable. You can only use the precedents to prepare documents for clients in the course of your or your firm's professional practice. You must not on-sell, copy, distribute or make Precedents available to persons outside the firm for any purpose. You must not modify, copy, reproduce, republish, download onto a computer, upload to a third party, post, transmit or distribute these Precedents in any way except as expressly provided for in these Terms of Use.
Only persons employed by you or your firm may use the Precedents. Where a person leaves your or your firm's employment, you must ensure that they do not reproduce or take a copy of the Precedents with them.

You must notify us if you or anyone in your firm becomes aware of or suspects that unauthorised persons are using the Precedents.
You acknowledge and agree that some Precedents may be provided as protected forms with password protection and that you will use the forms in that format only and will not attempt to edit text or format or to reformat the Precedents into another format.

3.1 Termination of licence for certain Precedents

Regarding a Precedent that has been endorsed with "Reliable Legal Precedents" or "RLP" as directed by a relevant court or authority, the licence to use that Precedent will terminate on the expiry of a valid subscription.

4. Your Use of the Precedents

In consideration of your use of the Precedents and in agreeing to these Terms of Use, you acknowledge and agree that:

(a) we are in the business of creating Precedents and that we endeavour to present the Precedents to you free from error but that we cannot be held responsible for the accuracy, adequacy or completeness of the Precedents once they have been provided to you;

(b) while we use our best endeavours to ensure that the Precedents are acceptable to each court within the jurisdiction, we cannot be held responsible if any particular Precedent becomes unacceptable to a particular court;

(c) you agree that you are subscribing for the Precedents and we may use our website as a method of supplying the Precedents to firms;

(d) if on-line access is disrupted for any reason, we agree to supply you with copies of Precedents (on CD Rom, floppy disk, by email) as soon as possible. We do however reserve the right to charge a reasonable fee to cover our expenses if this occurs. We will use all reasonable endeavours to expeditiously restore on-line access but we accept no responsibility if online connection is interrupted;

(e) our website is provided on an "as is, as available" basis;

(f) nothing contained or implied in these Terms of Use gives you ownership of or gives rise to any proprietary interest in any intellectual property rights in the Precedents;

(g) we will not be liable for any loss that you may incur as a result of your use of the Precedents;

(h) you will not use the Precedents to violate or infringe any person's Australian or international intellectual property rights (including copyright, patent, trademark, design, business name, domain name, trade secret or confidential information) whether or not registrable in Australia or in any other jurisdiction;

(i) you must take all reasonable steps to ensure that staff members who will be accessing the Precedent database are provided with the login & password, on the condition that they keep it confidential and secure and will not disclose it to any other person;

(j) you will comply with all applicable laws and regulations relating to your use of the Precedents;

(k) you will ensure that the Precedents are protected at all times from misuse, damage, destruction or any form of unauthorised use or copying whether they are provided to you in hard copy, CD Rom, by email or as a download from the internet;

(l) we make no representation or warranty that:

(i) the Precedents will meet your requirements; or
(ii) the Precedents will be error-free;

(m) we will comply with all our obligations under the Privacy Act 1988 (Cth).

5. GST

(a) In this clause the expressions consideration, GST, input tax credit, recipient, supply, tax invoice and taxable supply have the meanings given to those expressions in the A New Tax System (Goods and Services Tax) Act 1999 (GST Act). A supplier means any party treated by the GST Act as making a supply under this Agreement.

(b) Unless otherwise expressly stated, all prices or other sums payable or consideration to be provided under or in accordance with this Agreement are inclusive of GST.

(c) Where a taxable supply is made under or in accordance with this Agreement, the supplier must provide to the recipient a valid tax invoice in respect of the supply at or before the time of payment.

(d) If this Agreement requires a party (the First Party) to pay for, reimburse, set off or contribute to any expense, loss or outgoing (Reimbursable Expense) suffered or incurred by the other party (the Other Party), the amount required to be paid, reimbursed, set off or contributed by the First Party will be the sum of:

i the amount of the Reimbursable Expense net of input tax credits (if any) to which the Other Party is entitled in respect of the Reimbursable Expense (Net Amount); and
ii if the Other Party's recovery from the First Party is a taxable supply, any GST payable in respect of that supply,
such that after the Other Party meets the GST liability, it retains the Net Amount.

6. Warranties, Indemnities and Disclaimer

You represent and warrant, as at the date of your acceptance of these Terms of Use, that this Agreement constitutes legal, valid and binding obligations, enforceable against you in accordance with its terms (except to the extent limited by equitable principles and laws affecting creditors rights generally).

You must at all times indemnify us and hold harmless us and our officers, employees and agents (those indemnified) from and against any loss (including reasonable legal costs and expenses) or liability reasonably incurred or suffered by any of those indemnified arising from any proceedings against those indemnified where such loss or liability was caused directly or indirectly by:

(a) a breach by you of your obligations under this Agreement; or

(b) any wilful, unlawful or negligent act or omission by you or your employees or officers.

Except in relation to liability for personal injury and death, we will be under no liability to you in respect of any loss or damage (including special, indirect or consequential loss or damage or for any damage arising from or attributable to any failure to realise expected savings, downtime loss, loss of goodwill or loss of actual or anticipated revenue or profit by you) which may be suffered or incurred or which may arise directly or indirectly in respect of the Precedents supplied pursuant to this Agreement or in respect of a failure or omission on our part to comply with our obligations under this Agreement.

You acknowledge and agree that our maximum liability for any and all claims arising under or in relation to this Agreement will not exceed, in the aggregate, any charges paid by you during the term of this Agreement.

You acknowledge and agree that in entering this Agreement, you do not do so on the basis of and do not rely on any representation, warranty or undertaking made by us or on our behalf, express or implied, which has not been stated expressly in this Agreement or upon any descriptions, illustrations or specifications contained in any document or other material produced by us.

7. Implied Terms

All conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law. If we breach any term, condition or warranty implied in your favour by the Trade Practices Act 1974 (Cth) or any other applicable law which cannot lawfully be excluded, then to the extent permitted by the applicable law, our liability for any such breach will be limited, at our option to:

(a) if the breach relates to goods:

(i) the replacement or repair of the goods or the supply of equivalent goods;
(ii) the payment of the cost of replacing the goods, having the goods repaired or of acquiring equivalent goods; and

(b) if the breach relates to services:

(i) the re-supply of the services; or
(ii) the payment of the cost of having the services supplied again.

No advice or information, whether oral or written, obtained by you from us will create any representation or warranty not expressly stated in these Terms of Use.

8. Force Majeure

We will not be liable for any delay or failure to perform our obligations if such delay is directly or indirectly due to Force Majeure. If we are unable to perform, or are delayed in performing, any of our obligations under this Agreement due to Force Majeure, then any such inability or delay does not constitute a breach of this Agreement and all our obligations are suspended while the Force Majeure continues.

In this clause Force Majeure means a circumstance beyond our reasonable control and which results in us being unable to observe or perform on time an obligation under this Agreement including, without limitation:

(a) acts of God, lightning strikes, earthquakes, floods, droughts, storms, explosions, fires and any natural disaster;

(b) acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution;

(c) the effect of any applicable laws, orders, rules or regulations of any government or other competent authority;

(d) embargo, inability to obtain necessary materials, equipment, components, parts, machinery, communication facilities or transportation;

(e) strikes and any other form of industrial disturbance; or

(f) power blackouts or the failure of any power infrastructure.

9. Intellectual Property

Copyright (c) 2002 - 2013 Reliable Legal Precedents Pty Ltd ACN 099 593 647
RELIABLE LEGAL PRECEDENTS is a trade mark of Reliable Legal Precedents Pty Ltd ACN 099 593 647 in Australia.
The materials included within the Precedents (with the exception of the content specifically mandated to be included within the Court forms) are protected by copyright, trade mark and other intellectual property laws and are our property unless expressly indicated in the Precedents.

10. General

10.1 Entire Understanding
(a) These Terms of Use contain the entire understanding between us concerning the subject matter of the Terms of Use and supersedes all prior communications between us.
(b) You acknowledge that, except as expressly stated in these Terms of Use, you have not relied on any representation, warranty or undertaking of any kind made by or on behalf of us in relation to the subject matter of these Terms of Use.

10.2 No Waiver
A failure, delay, relaxation or indulgence by us in exercising any power or right conferred on us by these Terms of Use does not operate as a waiver of that power or right. A single or partial exercise of the power or right does not preclude a further exercise of it or the exercise of any other power or right under these Terms of Use. A waiver of a breach does not operate as a waiver of any other breach.

10.3 Severability
If any provision of these Terms of Use offends any law applicable to it and is as a consequence illegal, invalid or unenforceable then:
(a) where the offending provision can be read down so as to give it a valid and enforceable operation of a partial nature it must be read down to the extent necessary to achieve that result; and
(b) in any other case the offending provision must be severed from these Terms of Use in which event the remaining provisions of these Terms of Use operate as if the severed provision had not been included.

10.4 Non Merger
A term or condition of, or act done in connection with, these Terms of Use does not operate as a merger of any of our rights or remedies under these Terms of Use and those rights and remedies continue unchanged. Each term of these Terms of Use that has not been carried into effect at the termination of these Terms of Use survives the termination.

10.5 No Adverse Construction
These Terms of Use are not to be construed to our disadvantage because we were responsible for their preparation.

10.6 No Right of Set-Off
Unless these Terms of Use expressly provide otherwise, you have no right of set-off against a payment due to us.

10.7 Governing Law and Jurisdiction
These Terms of Use are governed by and must be construed in accordance with the laws of the State of Victoria. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters or things arising out of these Terms of Use.

10.8 No Partnership, etc
Nothing in these Terms of Use may be construed as:

(a) creating a relationship of partnership, of principal and agent or of trustee and beneficiary between you and us; or

(b) creating, giving rise to or affecting any contractual relationship between you and any Content Creator.

10.9 Fees and Charges
By accepting these Terms of Use, you agree to be responsible for all fees and charges specified in the order form relating to the Precedents.

11. Privacy

The information you provide to us may include personal information. Please refer to our privacy policy for information about how we handle your personal information.