Simply Legal Licence terms & conditions

 

If you use Simply Legal to produce a document, you agree that it is on the basis of the following licence conditions.

Part A – Overview
Part B – Terms and conditions that primarily relate to you
Part C – Terms and conditions that primarily relate to you and Simply Legal

Part A

Preliminary

  1. If you use our service in any way, you agree to acknowledge and accept the disclaimers on the applicable pages and the terms and conditions within this document as they apply at the time you use our service. After carefully reviewing these terms and conditions, you will be given the choice of accepting or rejecting the terms and conditions.
  2. If you accept them, you may use our service which includes ordering a product.
  3. If you reject them, you will not be able to use our service in that way.
  4. When ordering any product, you represent that you have carefully read, understood and agreed to all terms and conditions.

License

  1. Simply Legal agrees that it will provide you with a licence to order products from our service on the condition that you:
    1.  accept these terms and conditions; and
    2. pay our associated fees in the way prescribed by Simply Legal.
  2.  Any licence that is provided is not provided exclusively and is not transferable. The licence begins on the day you use our service and ends in accordance with these terms and conditions.
  3. You agree that:
    1. the licence to you is limited to the creation of the documents for which you have paid and that once those documents have been ordered, the licence ends;
    2. your licence will also end if you breach any material obligations contained in these terms and conditions; and
    3. if you breach any material obligation contained in these terms and conditions, then we may deny you any further access to our service.

Jurisdiction

  1. These terms and conditions are governed by and are to be read and interpreted according to the laws of Queensland. Each of Simply Legal and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts in that jurisdiction. You may not argue, on the basis of the doctrine of forum non convenience or any other basis, that the courts of that jurisdiction should not exercise jurisdiction.

Severance

  1. The terms and conditions of using the licence are not dependent on each other and if a dispute arises, the terms and conditions as a whole will not be deemed unenforceable.
  2. Any determination of unenforceability or invalidity of any provision or provisions of this licence shall not in any way affect the enforceability or validity of any other provision of this Agreement, which shall remain in full force and effect.
  3. Each term and condition of this agreement shall be valid and enforceable to the fullest extent permitted by law and any invalid, unlawful or unenforceable term or provision shall be deemed replaced by a term or provision that is valid, lawful and enforceable which is necessary to express the intention of the term or condition that is invalid, unlawful or unenforceable.

Definitions

  1.  In these terms and conditions:
    1. ‘our service’ includes our website, the interface, user system and document merging engine and the menu of legal clauses that is used to generate documents you order and the services which we provide to you which are ancillary to these services, including telephone helplines;
    2. ‘default interest’ means interest on amounts owing calculated at the rate set from time to time under the relevant Supreme Court practice direction made pursuant to the Civil Proceedings Act 2011 (Qld);
    3. ‘document’ means a document you order which is generated by our service;
    4. ‘lawyer’ means an Australian legal practitioner as defined under section 6(1) of the Legal Profession Act 2007 (Qld) or under any corresponding law in any other jurisdiction;
    5. ‘product’ means a document or other service which you order using our service;
    6. ‘master documents’ means the master document on which the documents you order are based, being the full library of possible text that could be included in your document depending on the information you provide when using our service;
    7. ‘professional adviser’ means a lawyer concerning whether a document or product is appropriate or suits your needs or its legal, taxation and commercial implications, a registered tax agent concerning a document’s or a product’s accounting and taxation implications or a licensed financial planner concerning a document’s or a product’s financial planning implications;
    8. ‘you’ means the person using our service, including a person using our service as agent of another person in which case ‘you’ means the agent or the agent’s principal, or both the agent and the agent’s principal;
    9. the singular includes the plural and vice versa; and
    10. a reference to currency is a reference to Australian dollars.
  2. You agree that each of these definitions has the same meaning wherever they appear on our website.

Exclusion of competitors

  1. If any part of your business is the sale of document templates to other users in an electronic form than you are expressly prohibited from using our website or accessing our documents either directly or through a third party.

Part B

Restrictions

  1. Simply Legal agrees that you will have a licence to use the products that you order using our service, however:
    1. you must not use any part of our service, the products you order or the documents to assist creating another document;
    2. you must not copy any part of the documents for any purpose other than the specific transaction for which they were ordered;
    3. you must not copy or reproduce any part of our service, the products you order or the documents while using them;
    4. you must not incorporate any part of our service, the products you order or the documents in any other program, system or document creation package; and
    5. you must not represent that the documents ordered using our service were created by you or a third party.

Your responsibilities

  1. You agree that:
    1. certain information and particular clauses from the master documents are included in the documents you order as a result of the answers you provide to questions that you answer when using our service;
    2. you are fully and solely responsible for the information included in a product as a result of the answers that you give to the questions; and
    3. we are not responsible for any mistake that you make in understanding the questions or how to answer them.

Indemnity

  1. You agree that you indemnify us in relation to any cost, loss, liability, or damage that any of you or a third party suffers because:
    1. the product you order is not suitable for  its intended purpose or does not suit the relevant circumstances;
    2. you fail to obtain formal advice from a professional adviser concerning whether the product you choose is suitable for its intended purpose or is suitable for particular circumstances;
    3. of the answers you provide to questions asked of you when using our service;
    4. you do not answer all questions completely and accurately;
    5. you modify the products after they are provided to you; or
    6. you breach these terms and conditions in some other way.
  2. You agree that you continually indemnify us against any cost, loss, liability, or damage that we incur as a result of your use of our service.

Acknowledgements

You agree that:

  1. each time you order a product from us you agree to the then current version of these terms and conditions – when you place your order, we show you the current version and, to order, you must click to accept that version;
  2. we do not warrant the accuracy or appropriateness of the contents of our website;
  3. the legal information and commentary on our website is general only and is prepared by the law firm Hynes Legal and that Simply Legal does not endorse it and disclaims responsibility for it;
  4. our website may contain hyperlinks and pointers to other websites and that we are not responsible for any information or other hyperlinks contained in these websites;
  5. we provide the hyperlinks and pointers to you simply for your convenience and we are not endorsing any of them;
  6. you access these other websites at your own risk; and
  7. it is for you to decide whether these other websites should be relied on.

Part C

Cost recovery and revenue

  1. If we discover that we have lost revenue through your misuse of our service or your breach of these terms and conditions, then you agree that we may recover from you each of the following:
    1. the revenue we have lost;
    2. our costs of discovering our loss and the extent of it;
    3. our costs of recovering the revenue; and
    4. default interest on any amount owing under this clause.
  2. 11.2 Also, if we can show that we have lost revenue through your misuse of our service or breach of these terms and conditions, then you agree that we have the right to audit your operations (at your cost) to determine the extent of our loss.
  3. 11.3 Clauses 10.1 and 10.2 do not limit in any way the recovery by Simply Legal of all other amounts from you which are recoverable at law in respect of any breach of these terms and conditions by you.

Legal advice

  1. You agree that:
    1. we cannot and do not give you legal advice;
    2. the company that operates Simply Legal is not a law firm;
    3. our service provides information to you to only to help you answer the questions and to order a product. Any information is only information and not advice;
    4. we can not and do not warrant that any product you decide to order or use of our service is appropriate or suits your needs;
      1. the legal, commercial and taxation effects of a product and a product’s use vary and a product’s suitability will accordingly vary according to particular circumstances;
      2. only you know the purpose for which you intend to apply or use a product that you order and that we are not responsible for your choice in making the order;
      3. you should consult with a lawyer for advice concerning the suitability of a product you order using our service;
      4. the master documents are general only and are prepared by the law firm Hynes Legal and that Hynes Legal does not endorse and disclaims responsibility for them;
      5. Simply Legal does not provide the commentary and other material which appears on our website and that that material is provided by the law firm Hynes Legal.
      6. Simply Legal disclaims responsibility for the material and commentary referred to in paragraph 6.

Simply Legal acknowledgements

  1.  Simply Legal acknowledges that:
    1. it has taken all reasonable steps to engage a lawyer to prepare the documents to ensure that they are accurate and appropriate for the type of document you order subject to these terms and conditions; and
    2. your personal information is kept confidential and is not disclosed without your consent unless Simply Legal is required to do so by law.

Limited liability

  1. You agree that if we are prohibited by law from excluding all implied warranties and conditions, then our liability will be limited to, at our option:
    1. replacing the document you used our service to order;
    2. supply of some equivalent document;
    3. amendment of the document; or
    4. the payment of the cost of such replacement, supply or amendment.
  2. You agree that:
    1. to the extent that we are not prohibited by law from limiting our liability, then our liability is limited in the same manner as provided under 10.1, including in respect of any liability that arises as a consequence of our negligence;
    2. our liability to you for any matter related to the subject matter of these terms and conditions will not include any special, indirect, incidental or consequential damages or loss of profits and will not exceed the cost to you for the particular transaction which has caused you the loss or damage; and
    3. we are not responsible in any way for any liability, loss, damage or expense that arises directly or indirectly from a problem that occurs by any virus infecting our service.
  3. We do not warrant that the operation of our service will be uninterrupted or that our service is virus free or error free.

Intellectual Property

  1. You agree that:
    1. we remain the owner of all our interest in the intellectual property and know-how that resides in the documents and our service;
    2. you are licensed to use our service for the sole purpose of ordering documents; and
    3. you get no property right whatever in relation to our service, and no ownership in the copyright of the documents that you order.