Terms and Conditions of Use
Boost Legal Templates is a rapidly growing online resource giving access and affordability to legal documents through the instant online legal resource, designed for Australian small business, start-ups and entrepreneurs to assist with the most legal needs.
By using the Website, You undertake and warrant that You are at least 18 years old.
By entering, accessing or using this Website, You agree to comply with the following in all of Your dealings with Boost Legal Templates as published and accessible via the Website:
- This Terms of Use;
- The Privacy Policy; and
- The Disclaimer.
The Terms of Use, the Privacy Policy or the Disclaimer may change from time to time without notice and at Boost Legal Templates’ sole discretion, and as a condition for your continuing to access, enter and use this Website, You accept those changes made.
Please ensure You obtain independent legal advice if You need assistance in understanding any of this Terms of Use, the Privacy Policy or the Disclaimer documents and to ensure You comply with each of the abovementioned documents as a condition of accessing and/or using the Website.
You agree to comply with these Terms of Use as a condition to Your visiting and use of the Website. On that basis please ensure You read and understand these Terms of Use so You can carefully comply with the requirements and so You can adhere to the provisions below.
- Definitions
In these Terms:
“FluentDocs” means Fluent Docs Limited and its related parties and its associates.
“Smarter Drafter Software” means the software which Fluent Docs owns and which is used through the Website.
“Boost Legal Templates” means AMK Law Pty Ltd ACN 626 787 193 trading as Boost Legal Templates ABN 96 626 787 193.
“Disclaimer” means the Boost Legal Templates disclaimer published on the Website, as amended from time to time.
“Fee” means any of the fees charged to You for a purchase made in connection with the Website.
“Intellectual Property” means all intellectual property on the Website and owned by Boost Legal Templates including all copyright, inventions, patents, registered and unregistered trademarks, designs, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity and includes any enhancement, modification or derivative work of such Intellectual Property, the Website, Interviews, Video, social media publications, content and Legal Documents.
“Interview” means the interactive question and answer process through which Legal Documents are created using the Automio Software on the Website.
“Legal Document” means the legal documents created through the Automio Software and purchased or accessed through the Website.
“Licence” means the non exclusive royalty free licence granted by Boost Legal Templates to You for use of a Video or a Legal Document purchased in connection with the Website and in accordance with these Terms of Use.
“Loss” includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis.
“Purpose” means for your own limited usage but not for reproduction or copying in any way whatsoever.
“Privacy Policy” means the Boost Legal Templates privacy policy, published on the Website, as amended from time to time.
“Terms of Use” means this Boost Legal Templates Terms of Use published on the Website, as amended from time to time.
“Video” means the recorded imagery, film and/or content accessible through the Website.
“Website” means www.boostlegaltemplates.com.au and any associated social media, landing or other associated webpages, sub-domains and any services accessed through the Website.
“You” and/or “Your” means you and your related parties and associates including any person you act on behalf of in connection with the Website.
- Interpretation This Terms of Use are to be interpreted in accordance with the following:
- a reference to a Party that is a corporation includes a reference to all related corporations as that term is defined under the Corporations Act 2001 (Cth);
- headings to clauses are included for the sake of convenience only and do not affect the interpretation of the clauses to which they relate;
- references to any statute or statutory provision includes that statute or statutory provision as amended, extended, consolidated or replaced by subsequent legislation and any orders, regulations, instruments or other subordinate legislation made under the relevant statute;
- this Terms of Use binds each of Your legal personal representatives, successors and assigns;
- all amounts stated in this Terms of Use are amounts in Australian Dollars; and
- the singular includes the plural and vice versa.
- Purchase
- The Fee is to be paid by credit or debit card unless otherwise agreed with Boost Legal
- You acknowledge that Boost Legal Templates are not responsible for the payment of monies between Users or third party merchant banking providers.
- You agree that Boost Legal Templates may charge any fees owing by You by way of deduction from Your debit or credit card.
- You acknowledge that any refund or technical issue which prevents you from accessing a Legal Document must be refunded or repaired by Automio and You have no rights against Boost Legal Templates in connection with any technical issues and Boost Legal Templates may or may not issue you a refund at its sole discretion.
- The price as stated on the Website may be changed at any time at the sole discretion of Boost Legal Templates.
- You agree to pay the Fee to Boost Legal Templates as consideration for the grant of Licence by the Boost Legal Templates to You.
- Boost Legal Templates uses Automio’s payment processor to process orders made through this Website. The processing of payments is additionally subject to the usage terms and policies of Automio and any payment processor used by it. Boost Legal Templates does not store your payment information on our servers. Automio’s usage terms and processes are available through the Automio website.
- Except as expressly provided otherwise in this Terms of Use, all amounts paid through the Website are non-refundable.
- Boost Legal Templates reserves the right to change the prices for Videos and Legal Documents at any time without notice.
- Unless otherwise expressly stated, all amounts payable through your use of the Website are expressed to be exclusive of GST. If GST is payable on a Taxable Supply, the amount payable for that Taxable Supply will be the amount expressed on this Website plus GST. For these purposes, the terms “GST” and “Taxable Supply” have the meanings given to them in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- Restricted Licence
- In consideration of You agreeing to pay the Fee, Boost Legal Templates hereby grants to You the Licence for the Purpose.
- You must not:
use the Intellectual Property, Legal Documents and/or Video in anyway inconsistent with
the rights of Boost Legal Templates;
ii. interfere or obstruct Boost Legal Templates use and/or ownership of the Intellectual
Property claim any ownership or entitlement of the Intellectual Property;
iii. register or effect any registration which refers to the Intellectual Property or Boost Legal
Templates; and/or
iv. use the Intellectual Property, Legal Documents and/or Video in a manner outside the
scope of the Licence. - To the maximum extent allowable under applicable law, except as explicitly identified in these Terms of Use and the Licence, You must not in any way publish, re-publish, transmit, sell, create derivative works from, lend, licence, give away, use, deal with and/or handle in whole or in part the Intellectual Property, nor will You allow or assist a third party to do so.
- Any Licence granted to You are subject to these Terms of Use, and are non-exclusive, non-transferable, and revocable. The Licence rights granted under these Terms of Use are granted to You only.
- You agree to the following:
the Intellectual Property is the property owned and belonging to Boost Legal Templates;
ii. You will not use the Intellectual Property for any purpose other than is expressly permitted in these Terms of Use; and
iii. You will not distribute in any medium any Intellectual Property without Boost Legal Templates prior written authorisation or as expressly provided these Terms of Use. - You must not act in a way, or use or introduce anything that in any way may compromise, the Website or any Intellectual Property, or otherwise attempt to damage or interfere with the Website or Boost Legal Templates.
- You must keep all information, Intellectual Property, content and data in connection with any of the Website, Videos, Website content and/or a Legal Document secure at all times and not accessible by any third parties other than your legal adviser, accountant or as otherwise required by law.
- Your information and data provided to Boost Legal Templates must be true, current and complete and you must ensure that the information remains true, current, correct and complete in your Legal Documents before using any Legal Document.
- You must immediately notify Boost Legal Templates in writing if You become aware of any disclosure or unauthorised use of Intellectual Property, content and data in connection with any of the Website, Videos, Website content and/or a Legal Document by email sent to info@boostlegaltemplates.com.au. Such disclosure does not limit in any way Your liability for breach of this Terms of Use and Boost Legal Templates rights to lawful remedy for claims or loss suffered.
- You agree to preserve Boost Legal Templates copyright on the Legal Documents and Videos and You agree to publish copyright notices in favour of Boost Legal Templates as far as reasonably possible and at least once on every document.
- Boost Legal Templates does not grant any express or implied licence of the Intellectual Property, the Website, Website Content, Legal Documents or Videos other than the express Licence granted in this Terms of Use.
- Legal Disclaimer
- Boost Legal Templates attempt to ensure that all Legal Documents and/or Videos on the Website including words, descriptions, interpretations, meanings, text and images is current but Boost Legal Templates do not guarantee its currency and Boost Legal Templates do not give any assurances with respect to the accuracy of the Legal Documents and/or Videos on the Website.
- You agree to seek legal or other professional advice before acting or relying on any of the Legal Documents and/or Videos. You undertake not act in reliance on any statement made through the Videos, a Legal Document or the Website.
- You are solely responsible for any reliance on the Videos and/or the Legal Documents as they are for general purposes only.
- As an essential condition to this Terms of Use You acknowledge that the information provided on this Website is for general purposes only and does not take into account Your individual needs, objectives or legal situation. Before You decide to buy a Legal Document or Video, You should obtain independent legal advice which will help You understand the relevant Legal Document or Video, including what’s covered and what’s not covered and can help You decide whether the Legal Document or Video is appropriate for You.
- Each purchase is treated separately through the Website such that no purchase is deemed to require a cost disclosure statement due to the value of the Legal Document and/or Video purchased at all times being below the amount otherwise requiring a cost disclosure statement pursuant to the uniform law.
- You are responsible for all loss and/or damage caused by You, whether directly or indirectly, to this Website or from Your use of this Website.
- While Boost Legal adopts measures to protect Your personal information from misuse, unauthorised access, modification, loss/damage, Boost Legal Templates do not represent or warrant that this Website is free from computer viruses or other defects. You are responsible for all loss or damage caused directly or indirectly by the connection with the use of this Website, a Video or a Legal Document.
- Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value.
- You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
- Liability
- Boost Legal Templates aims to have the content on this Website current, accurate and to date, however You accept that there may be errors, omissions or delays as to the currency and accuracy of the content on the website, Legal Documents and/or Videos. The content on this Website may change without notice and You must not act in reliance on the content on this Website without first obtaining your own independent legal advice.
- To the maximum extent permitted by law, Boost Legal Templates exclude all liability and responsibility to You (or any other person) in contract, tort (including negligence), legislation or otherwise for any loss or damage resulting, directly or indirectly, from any use of, or reliance on, the Website, content on the Website, the Legal Documents and/or Videos.
- To the maximum extent permitted by law, any claim by You against Boost Legal Templates will be limited to the amount of the Fee to which that Video or Legal Document relates.
- Boost Legal Templates does not give You any undertaking, representation, or warranty in relation to the Website, Videos, Website content and/or a Legal Document including as to whether or not the Website, Videos, Website content and/or a Legal Document are suitable for your purpose and/or your situation.
- You agree to indemnify Boost Legal Templates from and against all actions, claims, costs (including legal costs and expenses), Losses, proceedings, damages, liabilities, or demands suffered or incurred by Boost Legal Templates arising out of or in connection with Your failure to comply with these Terms of Use.
- You acknowledge that Videos, Legal Documents and the Website, may contain inaccuracies and/or errors, and may not be complete and/or suitable for Your purposes.
- Boost Legal Templates does not accept any liability for such mistakes, inaccuracies and errors and You acknowledge that you should seek professional advice before seeking to rely on the Website, Videos, Website content and/or a Legal Document for your purpose and/or your situation.
- Indemnity
You agree to indemnify and to keep indemnified Boost Legal Templates from and against each Loss, claim, liability, cost and expense suffered by Boost Legal Templates and caused by Your or Your representatives in connection with the Website, Videos, Website content and/or a Legal Document in so far as that Loss or claim arises as a result of a breach of these Terms of Use.
- Release
- You hereby agree and undertake to release Boost Legal Templates, its related parties and/or associates to the fullest extent permitted by Australian Law from any and all liability, damage, Loss, claims, cost or expense incurred by You whether or not due to the negligence or other acts or omissions of Boost Legal Templates or its relates parties and associates.
- You agree and warrant that any legal action You may pursue in connection with the Website or the legal documents purchased via the Website will be against Automio and not against Boost Legal Templates or it’s related parties.
- No Legal Advice
- The Website provides You with an automation tool and does not give any substitute for legal or other professional advice.
- Your communication to Boost Legal Templates and any information provided, stored or downloaded by You may not be protected by legal privilege.
- You agree to indemnify Boost Legal Templates for any loss Boost Legal Templates may suffer as a result of Your failure to obtain independent legal advice before You seek to rely on any of the Website, Videos, Website content and/or a Legal Document.
- It is Your responsibility to ensure that any of the Website, Videos, Website content and/or a Legal Document meets Your specific requirements and acknowledge that You will seek professional advice before taking any action in connection with any of the Website, Videos, Website content and/or a Legal Document.
- Availability of The Website
- While Boost Legal Templates aim to provide uninterrupted access to the Website, Boost Legal Templates may change, suspend, discontinue, or restrict access to the Website, including any of the Website, Videos, Website content and/or a Legal Document without notice. Boost Legal Templates will not be liable to You or any third party for any harm related to, arising out of, or caused by any changed, suspended, discontinued or restricted access to any of the Website, Videos, Website content and/or a Legal Document.
- You acknowledge that you must have full internet, server, search engine and technology requirements as required for the use of the Website including purchases made through the Website and as might be required in connection with any of the Website, Videos, Website content and/or a Legal Document.
- Without prejudice to any other right or remedy available to Boost Legal Templates, if Boost Legal Templates consider that it is appropriate or if You have breached these Terms of Use Boost Legal Templates may immediately, and without notice, suspend or terminate Your access to the Website (or any part or feature of it) without notice.
- General
- If any of these Terms of Use are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue in full force and effect.
- These Terms of Use are in addition to, and not in derogation of, any other terms or conditions that appear elsewhere on the Boost Legal Website and must be interpreted accordingly. This Website is provided for Australian residents only.
- Waiver of any power or right under this Terms of Use must be in writing signed by Boost Legal Templates and is effective only to the extent set out in that written waiver. Any failure by Boost Legal Templates to act with respect to a breach does not waive Boost Legal Templates right to act with respect to that breach or any subsequent or similar breaches.
- If any term, covenant, condition or provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, void or unenforceable, such provision is to be excluded to the extent of such invalidity or unenforceability and all other provisions will remain in full force and effect.
- The parties have not relied on any representation, warranty or agreement that is not expressly set out in the Terms of Use, and no such representation, warranty or agreement has any effect from the date You agreed to these Terms of Use.
- You may not assign, novate, subcontract or transfer any right or obligation under these Terms of Use without Boost Legal Templates prior written consent. You remain liable for Your obligations under these Terms of Use despite any approved assignment, subcontracting or transfer. Boost Legal Templates may assign, novate, subcontract or transfer any right or obligation under these Terms of Use without Your consent.
- Use of this Website, the Legal Documents and the Videos and the information contained on this Website shall be governed by and interpreted in accordance to the laws of Victoria, Australia and all parties submit to the exclusive jurisdiction of the Courts of Victoria, Australia in respect of any claim, matter, loss or issue in connection with this Terms of Use.
These Terms of Use were last updated on 26 September 2019.
Liability limited by a scheme approved under Professional Standards Legislation.