a. “Seed Legal” means the business Seed Legal Pty Ltd (ACN 137 125 583); and
b. “We” and “us” refer to Seed Legal, and “our” has a similar meaning.
To the extent permitted by law we will in no way be liable to you or anyone else for any loss or damage, however caused (including through negligence) which may be directly or indirectly suffered in connection with use of this Website or websites of other entities which are hyperlinked from this Website (“Linked Website”).
This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.
SPECIFIC WARNINGS AND DISCLAIMERS
The information contained in this Website is provided by us in good faith on an “as is” basis. The information is believed to be accurate and current at the date the information was placed on this Website. We make no representation or warranty as to the reliability, accuracy or completeness of the information contained on this Website or that the Website will be uninterrupted or error free. You should not act on the basis of anything contained on this Website without first obtaining specific professional advice. You must make your own assessment of it and rely on it wholly at your own risk.
All legal content on this Website relates only to the laws of Australia, unless specifically stated otherwise. The laws of Australia may be different from your laws.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Website or a Linked Website. You must take your own precautions to ensure that whatever you select for your use from this Website is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time, change or add to this Website without notice. However, we do not undertake to keep this Website updated. We are not liable to you or anyone else if errors occur in the information on this Website or if that information is not up-to-date.
To the extent permitted by applicable law, all representations, warranties and other terms are excluded. You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you or in your location.
This Website is our copyright property. All rights are reserved.
You are provided with access to it only for your personal and non-commercial use. Other than for the permitted purposes above, and for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Commonwealth of Australia) and similar statutes that apply in your location, you may not, in any form or by any means adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this Website; or commercialise any information, products or services obtained from any part of this Website, without our written permission.
All trade names, trademarks, service marks and other product and service names and logos (the “Marks”) displayed on the Website are proprietary to their respective owners and are protected by applicable trade mark and copyright laws. These Marks may be registered or unregistered marks of Seed Legal Pty Ltd or others.
Nothing contained on the Website should be construed as granting any licence or right of use of any other person’s or entity’s trade mark which is displayed on this Website without their express permission.
This Website may contain links to “Linked Websites”. Those links are provided for convenience only and may not remain current or be maintained.
Links to those Linked Websites should not be construed as any endorsement, approval, recommendation, or preference by us of the owners or operators of the Sites, or for any information, products or services referred to on those Other Websites. Your use of any link to a Linked Website is entirely at your own risk.
Unless stated otherwise on this Website, we have no relationship with the owners or operators of those Linked Websites, and have no control over or rights in those Linked Websites.
COMMERCIAL ELECTRONIC MESSAGES
If you express interest in products or services through your use of this Website, you consent to us sending commercial electronic messages (including messages about our products and services and the products and services of third parties) to electronic addresses which you have provided to us or for which you or your employer (or your employer’s related bodies corporate) are the relevant electronic account holder.
“Cookies” are a standard method for storing small pieces of data on a web client (ie the web browser on your computer). Any web server (including this one) may store one or more cookies in your web client or request your web client to transmit the data to the web server.
This Website may store cookies on your web client in order to better serve you upon your subsequent visits to this Website.
By using cookies, Websites can track information about visitors’ usage of the site, provide customised content, or even the use of password protection. Note that some web clients can be configured to allow cookies to be accessed by web servers other than the originating web server.
Please note that most web clients can also be configured to notify the user when a cookie is received, allowing you to either accept or reject it. For further information about working with cookies please visit your browsers website, for example, users of Internet Explorer, visit www.microsoft.com.
- “Seed Legal” means the business Seed Legal Pty Ltd(ACN 137 125 583); and
- “We” and “us” refer to Seed Legal and “our” has a similar meaning.
We are subject to the National Privacy Principles in the Privacy Act 1988 (Cth).
Gaining Access to Information we hold about you
We will, on request, provide you with access to the personal information we hold about you unless there is an exception which applies under the Privacy Act 1988 (Cth.) such as where we have a legal duty of confidentiality or non-disclosure as mentioned above.
Your request to obtain access will be dealt with in a reasonable time. We may recover from you our reasonable cost of providing you with access.
If we refuse to provide you with access to the information, we will provide you with reasons for the refusal and inform you of any exceptions relied upon under the Privacy Act.
How to Contact us
The Privacy Officer
GPO Box 1368, Sydney NSW 2001 Australia
Phone: + 61 2 8091 4498
Fax: + 61 2 8003 9725
We will respond to your query or complaint as soon as possible.
HOW WE COLLECT YOUR PERSONAL INFORMATION
We generally collect your personal information directly from you. For example, we may collect personal information about you when you deal with us over the telephone, send us correspondence (whether by letter, fax or email) subscribe electronically to our publications or when you have contact with us in person.
Generally, the type of personal information we collect about you includes your name, mailing address, telephone number and e-mail address. We may also collect sensitive information about you such as information about membership of a professional or trade association or health information. We will only collect sensitive information in limited circumstances including where you have consented to it, the collection is required by law, the collection is necessary for the establishment, exercise or defence of a legal or equitable claim.
There may be occasions when we need to source personal information about you from a third party. For example, we may collect personal information from a company for whom you work, other organisations with whom you have any dealings, a credit reporting agency, an information service provider or from a publicly maintained record.
KEEPING YOUR PERSONAL INFORMATION UP-TO-DATE
We take reasonable steps to ensure that your personal information is accurate, complete, and up-to-date whenever we collect or use it.
If any of the personal information we hold about you is inaccurate, incomplete or out-of-date, please contact us immediately and we will take reasonable steps to correct this information or, if necessary, we will discuss alternative action with you.
OUR DISCLOSURE STATEMENT
Seed Legal Pty Ltd collects personal information for the following purposes:
– to provide you (if a client) or your organisation with legal advice;
– to provide you (if a client) or your organisation with legal technology services and solutions;
– to consider making offers of employment or for employment purposes;
– to receive services from you or the organisation which employs you;
– to advise you of legal developments, seminars and events and to undertake other marketing activities.
If you do not provide the information requested, we may not be able either to provide you with appropriate legal advice or to fulfil another applicable purpose of collection.
In some circumstances, we collect personal information about you from a third party source. If we collect personal information about you in this way, we will take reasonable steps to contact you and inform you of this.
If you are our client or are employed by, contracted to, or an agent to a client of Seed Legal, we may disclose your personal information to:
– barristers or experts engaged in your matter; or
– foreign law firms for the purpose of obtaining foreign legal advice.
In other cases, we may disclose your personal information to our clients where your personal information has been collected by us in the course of providing legal services to them.
HOW WE USE OR DISCLOSE YOUR PERSONAL INFORMATION
We will use and disclose personal information for the primary purpose for which it was collected. We may also use and disclose personal information for purposes related or ancillary to the main reasons we collect it, such as invoicing, reminder notices, provision of information concerning legal developments, invitations to seminars and other events, market research, to improve our service and communications and in respect of other services offered by us. We do not disclose personal information we collect to third parties for the purpose of allowing them to direct market their products and services.
We engage third party contractors to perform services for us which involve the contractor handling personal information we hold. For example, we engage third party contractors to store and archive our completed client files.
OTHER PEOPLE’S INFORMATION WHICH YOU PROVIDE TO US
OUR DUTY OF CONFIDENTIALITY AND OBLIGATIONS OF NON-DISCLOSURE
We have a duty to maintain the confidentiality of our clients’ affairs, including personal information. Our duty of confidentiality applies except where disclosure of a client’s personal information is:
– with that client’s consent;
– compelled by law; or
– for the sole purpose of avoiding the probable commission or concealment of a felony.
We may be subject to obligations of non-disclosure in respect of personal information which we hold arising from the fiduciary duties we owe our clients, or as a result of professional conduct rules which apply to us.
In many cases, information which we hold will be subject to legal professional privilege and we will therefore not be obliged to disclose it.
SECURITY OF YOUR PERSONAL INFORMATION
We protect any personal information that we hold from misuse and loss. We also protect it from unauthorised access, modification and disclosure.
Your personal information may be stored either in hard copy documents or as electronic data in our information technology systems.
We maintain physical security over our paper and electronic data stores and premises, such as locks and security systems. We also maintain computer and network security; for example, we use firewalls (security measures for the Internet) and other security systems such as user identifiers and passwords to control access to our computer system.
TRANSFORMATION OF INFORMATION TO FOREIGN COUNTRIES
We may transfer your personal information to foreign countries as part of our conduct of a matter, for example, for the purpose of obtaining foreign legal advice. We will only transfer your personal information to foreign countries with your express or implied consent.[/vc_column_text][/vc_tta_section][vc_tta_section title=”Document Shop Terms” tab_id=”1525081271609-9556fa3e-92a4″][vc_column_text]
If you use this website to produce a document, you will do so on the basis of the licence conditions set out under Conditions of Licence to use documents. Please read them carefully.
Conditions of licence to use documents
If you use our service in any way, you will do so on the basis of the disclaimers on the relevant pages and the following terms and conditions as they apply at the time. Please read them carefully. You will be given the choice of accepting or rejecting the terms and conditions. If you accept them, you may use our service, including to order a document. If you reject them, you will not be able to use our service in that way. When you place your order for any document, you agree and accept the terms and conditions under this licence.
Licence, Fees and Payment
Seed Legal agrees to provide you with a licence to order products from our service on the condition that you accept these terms and conditions and pay our fees in the way required. The licence is not exclusive and is not transferable. The licence begins on the day you use our service, and ends in accordance with these terms and conditions.
Seed Legal agrees that you will have a licence to use the documents that you order using our service.In relation to your use of our service and the documents you order, you agree that:
- you must not use any part of the documents in connection with creating another document;
- you must not use any part of the documents for any purpose except the specific purpose for which they were ordered;
- you must not copy any part of the documents for any purpose except in relation to the transaction for which they were ordered;
- you must not modify the documents in any way after they are sent to you;
- you must not interfere with, alter or attempt to copy or reproduce any part of our service or the documents you order while using them;
- you must not incorporate any part of our service in any other program, system or document creation package; and
- you must not represent that the documents ordered using our service were created by your own resources, or those of a third party (other than our resources or those of anyone else who signs-off and endorses for us the master documents from which your documents are generated).
You agree that:
- 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;
- your licence will also end if you breach any material obligations contained in these terms and conditions; and
- if you breach any material obligation contained in these terms and conditions, then we may deny you any further access to our service.
Our standard arrangement is for you to pay us online through the Paypal’s online payment system. Our system will transfer you to that site when you click the relevant button. The Paypal system should return you to the relevant page on our website at the relevant time.
Our Documents Shop
You agree that:
- each time you order a document 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;
- we do not warrant the accuracy or appropriateness of the contents of our website;
- the legal information and commentary on our website is general only and is prepared for general use only, and it does not take into consideration your specific legal needs ;
- 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;
- we provide the hyperlinks and pointers to you simply for your convenience and we are not endorsing any of them;
- you access these other websites at your own risk; and
- it is for you to decide whether these other websites should be relied on.
Seed Legal agrees that:
- it has taken all reasonable steps to prepare the documents, to ensure that they are accurate and appropriate for the type of document you order, and to provide all information, commentary, advice and other documents, subject to these terms and conditions;
- all your personal and billing information that is identifiable to you will be kept confidential, and will be protected by security identification particulars. We will not disclose that information (in a way that makes the information identifiable to you) to anyone else without your consent unless required to do so by law; and
- the documents you order through our service will, if relevant, be delivered electronically to you on the earlier of when you download them or when you click to have us send them to you by email to the email address you have nominated.
You agree that:
- our service provides information and general documents only and does not give you legal advice;
- we do not warrant that a document you decide to order is appropriate or suits your needs;
- we do not warrant that your use of our service is appropriate or suits your needs;
- the legal, commercial and taxation effects of a document vary and a document’s suitability will therefore vary according to particular circumstances;
- only you know the purpose for which you intend to apply a document you order and that we are not responsible for the choice you make regarding the document that you order;
- you must consult with a lawyer or professional adviser or Seed Legal for advice concerning the suitability of a document you order using our service.
You agree that you indemnify us in relation to any cost, loss, liability, or damage that any of you, your client, or a third party suffers:
- because the document you order is not suitable for its intended purpose or does not suit the relevant circumstances;
- because you fail to obtain formal advice from a professional adviser concerning whether the document you choose is suitable for its intended purpose or is suitable for particular circumstances;
- because you modify the documents after they are provided to you; or
- because you breach these terms and conditions in some other way.
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.
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:
- replacing the document you used our service to order;
- supply of some equivalent document;
- amendment of the document; or
- the payment of the cost of such replacement, supply or amendment.
You agree that:
- 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 above including in respect of any liability that arises as a consequence of our negligence;
- 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
- 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.
We do not warrant that the operation of our service will be uninterrupted or that our service is virus free or error free.
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:
- the revenue we have lost;
- our costs of discovering our loss and the extent of it;
- our costs of recovering the revenue; and
- default interest on any amount owing under this clause.
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.
The above clauses do not limit in any way the recovery by Seed Legal of all other amounts from you which are recoverable at law in respect of any breach of these terms and conditions by you.
Refunds, returns, exchanges
You agree that because of the nature of our products, we are most unlikely to allow any refunds, returns, or exchanges and that we provide refunds at our absolute discretion, in exceptional circumstances.
You agree that to apply for a refund, a return, or an exchange, you must write to us setting out:
- the intended purpose to which the documents were to be applied;
- the identity and contact details of the person for whom you purchased the product (we may contact that person to discuss, and request copies of, the documents you have provided to them);
- the reasons that you want a return, a refund, or an exchange;
- copies of the materials or documents you have provided to that person in place of our documents in relation to which you now want a refund, a return, or an exchange; and
- any other information or materials we ask for that we believe is relevant to our decision.
You agree that:
- we remain the owner of all of our interest in the intellectual property and know-how that resides in the documents and our service;
- you are licensed to use our service for the sole purpose of ordering documents; and
- you get no property right whatever in relation to our service, and no ownership in the copyright of the documents that you order.