1. Introduction

Before you begin to use R P Emery ’s service, we need to outline some general principles and spell out some of your obligations concerning your use of the R P Emery Website.

You, the user, agree and certify by ticking the Terms and Conditions Checkbox on the Check Out Page that you

(a). You have had the opportunity to review these terms and conditions of use before accessing or downloading any product;

(b). You consent to be bound by the terms and conditions of use.

2. R P Emery only sells products to those who agree to be bound by these terms of use. 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.

Together with any additional terms, conditions, notices and disclaimers contained on the R P Emery Website, these terms and conditions of use regulate your use of the R P Emery Website. Through your continued use of the R P Emery Website, you acknowledge and agree that these terms and conditions of use constitute the rules and conditions of access to, use of and supply of information and products from the R P Emery Website.

All terms and conditions that govern your use of R P Emery (including disclaimers) may be amended by R P Emery from time to time. Changes apply from seven days after the time they are made but not retrospectively.

3. We provide General Legal Information only. Legal information Is Not Legal Advice.

This site provides general information about the law together with forms, manuals and sample documents designed to help users safely cope with their own legal needs. However it is not tailored to your specific circumstances. It is not the same as legal advice — the application of law by someone trained to do so, to an individual’s specific circumstances. The law is a personal matter and we have no knowledge of your personal circumstances when preparing our templates, manuals, guides or any other material. RP Emery is not a legal practice and does not provide Legal Advice, any more than any other textbook or guide can.

4. No warranty concerning suitability of documents.

Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that our information, and the way you are using it or interpreting it, is appropriate to your particular situation. All decisions you make on legal matters are your full responsibility.

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.

Your use of the Site or any R P Emery service does not create a solicitor-client relationship between you and R P Emery. You accept full responsibility for reading our website and our information guides, and then determining whether any particular R P Emery template is suitable for any particular purpose and for protecting yourself against any possible consequential damages.

5. No warranty as to site’s continuing functionality.

R P Emery does not make any representation or warranty that your access to the R P Emery Website will be secure, available or uninterrupted.

R P Emery disclaims and will not be liable for loss resulting any interruption, delay or impairment in the functioning, operation or availability of the R P Emery Website, exposure to or transmission of any computer virus, internet access difficulties in connection with the R P Emery Website, or malfunction in equipment or software.

6. Our liability to you
You assume a risk by not having your documents checked by a qualified lawyer. If you choose not to have your documents checked, you may have completed them inaccurately or inappropriately. Because you assume this risk, except as expressly provided by an Australian law, the maximum liability of R P Emery to you is double the amount you initially paid to R P Emery.

You agree that R P Emery is not responsible for

• any mistake that you make in understanding the questions or how to answer them
• completing, using or filing a document
• obtaining or not obtaining a solicitor’s certificate for a document.

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:

(a) because the document you order is not suitable for its intended purpose or does not suit the relevant circumstances;

(b) 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;

In no circumstances will R P Emery be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits of any nature arising (including but not limited to any act or omission by R P Emery ) which result from unauthorised access to your internet transmissions or data.

7. Licence to use our intellectual property

All templates, manuals and other material provided by or downloaded from R P Emery are the exclusive property of Nadian Pty Ltd and are protected by copyright and other intellectual property laws. No part of it should be reproduced, adapted or communicated without the written consent of the copyright owner. Except where such use constitutes fair dealing under the Copyright Act or where such use is mandated by the Copyright Act the information found on the R P Emery Website may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part without the prior written approval of R P Emery. The download of these product(s) is intended for your personal and non-commercial use. Any other use of the material downloaded from R P Emery is strictly prohibited. Users may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content of these product(s), in whole or in part.

In relation to your use of our service and the documents you order, you agree that you must not copy any part of the documents for any purpose except in relation to the transaction for which they were ordered. You get no property right whatever in relation to our service, and no ownership in the copyright of the documents that you order but are licensed to use them in relation to the transaction for which they were ordered and that transaction alone.

R P Emery has no obligation to monitor your use of the R P Emery Website.

8. What if you cause us loss?

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:

(a) the revenue we have lost;

(b) our costs of discovering our loss and the extent of it;

(c) our costs of recovering the revenue; and

(d) interest on any amount owing under this clause.

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. If we can show that we have lost revenue through your misuse of our system 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 Conditions of Use and all other specific and additional terms which govern your use or membership of and access to the R P Emery Website will be governed by the laws of New South Wales.

9. Personal Information

R P Emery collects personal information from a variety of sources. We obtain most personal information through the R P Emery registration process.

In general, the personal information R P Emery collects includes (but is not limited to) name, address, contact details and, where relevant, financial information, including credit card information, banking details and income information.

The R P Emery Website uses cookies which contain information by which R P Emery can identify your computer to our servers. You may configure your browser so that you are notified before a cookie is downloaded or so that your browser does not accept cookies. R P Emery may use information contained in cookies to make assumptions about the user of the computer and to provide users of that computer with focused advertising that R P Emery believes may be of interest, based on that information. You can disable your cookies through your Internet browser.

R P Emery endeavours to collect personal information about an individual only from that individual. In some circumstances R P Emery may obtain personal information from a third party. If you provide personal information about another person to R P Emery , R P Emery requires that you inform that person you have done so and provide them with a copy of this policy.

R P Emery may use information it collects from you for the primary purpose for which it is collected and for such other secondary purposes that are related to the primary purpose of collection. R P Emery generally uses personal information to:

• help R P Emery manage and enhance its services;
• communicate with you;
• pass your documents to lawyers for advice;
• return advice received from lawyers.
• review advice for consistency and quality purposes.

Ian Stuart Macleod has been appointed privacy officers to oversee the management of personal information in accordance with the Terms and Conditions of Use and the Commonwealth Privacy Act.

R P Emery protects the personal information R P Emery holds from misuse, loss, unauthorised access, modification or disclosure by various means including firewalls, pass word access, secure servers and encryption of credit card transactions.

You have the right to seek access the personal information held about you and to advise R P Emery of any inaccuracy. There are some exceptions to this right set out in the Privacy Act.
If you make an access request, R P Emery will ask you to verify your identity and specify what information you require. R P Emery may charge a fee to cover the costs of meeting your request.

10. Our document review service is provided by qualified lawyers.

We maintain a panel of solicitors who are willing to give you legal advice on contracts you prepare using our templates. In cases where you are creating a document because you are married, de-facto or in a domestic relationship, each party must have received independent legal advice and have obtained a certificate from their advisor in the appropriate form for the agreement to have legal validity. In some other cases, we recommend because of the complexity of the documentation that you seek independent legal advice to ensure that you have completed the document correctly.

We act as your agent to retain these solicitors, who offer lower prices because they have lower overheads than many large city firms. They also desire exposure in a competitive market for legal services. Because members of our panel give advice on many similar template-sourced documents, they can advise quickly and efficiently. You pay us, we retain a fee for administration and referral, and we pass on the balance to the solicitors in full payment of their fees. You authorise us to review advice provided for you for quality and coaching purposes, but we may not keep any identifying information relating to that advice.

If you choose to engage the same solicitor to perform subsequent work we expect that you would buy any necessary templates through our website, but the solicitor will deal with you, and charge you, directly apart from that. We do not review advice provided when you engage your solicitor directly.

Your contact with, or use of a solicitor contacted through our Document Review Service creates a solicitor-client relationship only between you and the solicitor in question. It does not create a solicitor-client relationship between R P Emery and you. R P Emery cannot perform a check for conflicts of interest between you and a solicitor provided through our Document Review Service.

Lawyers are allowed by law to provide you with legal advice, which R P Emery by law is not allowed to do. This includes, but is not limited to the following:

• whether you have included inappropriate, conflicting, or ambiguous information in your legal documents;

• whether you have omitted any necessary provisions or details from your legal documents; and

• whether you require any additional legal documents or legal procedures.

• advice related to your specific legal or fact situation based on an examination of your personal circumstances;

• any legal work or service which, under the law of your jurisdiction, is only allowed to be performed by or under the supervision of a properly qualified lawyer;

• advice on which legal document or documents you need or are best for your situation;

• advice applying the law or drawing any legal conclusions;

• determining the legal consequences that will or could result from how you have created your legal document.

11. Miscellaneous.

R P Emery retains the right to prohibit anyone from using its websites or downloading R P Emery Material at its discretion.

This agreement cannot be assigned.

The invalidity or unenforceability of any provision of these Terms or the Site’s Disclaimer will not affect the validity or enforceability of any other provision of these Terms or the Site’s Disclaimer and such invalid provision will be deemed to be severable.

The Terms and the Site’s Disclaimer constitute the whole agreement between you and RP Emery Pty Ltd.

No failure or delay, on the part of R P Emery , in exercising any right or power under these Terms will operate as a waiver of such right or power.

RP Emery may amend sections and add, replace, or remove forms or documents without notice.

In these terms and conditions:

(a) ‘R P Emery ‘ means RP Emery Pty Ltd ACN 142190341, its agents, officers, shareholders, successors and advisers and ‘we’, ‘our’ and ‘us’ have a corresponding meaning;

(b) ‘our service’ include our websites, the interface, user system, and anything you download from our websites, and the services which we provide to you which are ancillary to these services;

(c) ‘lawyer’ means an Australian legal practitioner as defined under section 1.2.3 of the Legal Profession Act 2004 (Vic) or under any corresponding law in any other jurisdiction;

(d) ‘templates’ means the master documents 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;

(f) ‘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;

(g) the singular includes the plural and vice versa; and

(h) a reference to currency is a reference to Australian dollars.