BY LAWYERS SERVICES
Through its website, By Lawyers Pty Limited ('By Lawyers') provides you with online access to a variety of resources, content, forms, precedents, publications, audio and video recordings, compositions, software, communication services, artworks, products and product information (called 'By Lawyers Services'). The websites and By Lawyers services are protected by the laws relating to Intellectual Property.
BY LAWYERS SERVICES ARE NOT LEGAL ADVICE
None of the By Lawyers Services constitutes as legal advice. The facts of each case will be different and you must satisfy yourself that By Lawyers Services are appropriate for the particular case or circumstances for your intended use. By Lawyers and any of its authors or suppliers are not providing legal advice nor do they warrant that By Lawyers Services are entirely free of defects or fit for any specific purpose and neither By Lawyers nor its authors nor its suppliers accepts any liability for any errors or omissions in By Lawyers Services and any loss or damages resulting from or connected with the use of By Lawyers Services. By Lawyers, its authors and suppliers recommend that you be familiar with the applicable laws and legal procedures relating to the use of By Lawyers Services, or otherwise should seek legal advice, before using By Lawyers Services. By Lawyers accepts no liability for the content by the author provided via By Lawyers Services. By Lawyers Services could include technical inaccuracies or typographical errors. Changes are periodically made to the information therein. By Lawyers and/or its authors and/or its suppliers may make changes to By Lawyers Services at any time in their sole discretion without notice or liability.
LIMITATION OF USE OF BY LAWYERS SERVICES
By Lawyers Services are made available online for licensed users, for use in the ordinary course of their business. Licensed users are authorised to use precedents and documents provided by By Lawyers for the following purposes:
(a) the giving of professional advice to your clients;
(b) the purposes of your own professional development; and
(c) inclusion in professional advices, papers, submissions, communications to and for your clients and potential clients, the preparation of tenders, reports, submissions and other like documents;
(d) where you are educational institution approved by By Lawyers for the purposes of supplying educational services, research or study; essays, theses, papers, submissions, communications to and publications for your students, and other like documents.
Other than provided in items (a) to (d) above, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content, information, software, products or services obtained from By Lawyers Services. Any exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any of By Lawyers Services.
To the extent permitted by law, all warranties, conditions and guarantees implied by law or otherwise are excluded and neither By Lawyers Pty Ltd nor its officers, employees, agents or related bodies corporate will be liable to you or any third party in any way for any loss, damage, costs or expenses you or they may suffer or incur as a result of using By Lawyers Services or any documents or information published by By Lawyers.
To the extent that any warranty or guarantee is implied by law or the law prohibits the exclusion or modification of liability in a particular way, then, to the full extent permitted by law, By Lawyers’ liability will be limited to:
In relation to services, the supply of the services again, the correction of the services or the payment of the costs of having the services supplied again.
You acknowledge and agree that the services provided by By Lawyers are intended to be used by professionals and their staff in the course of their business and are not consumer products or services or goods or services of a kind ordinary acquired for personal, domestic or household user consumption.
USE OF BY LAWYERS SERVICES
Use of By Lawyers Services requires a compatible device, Internet access, and certain software, and may require obtaining updates or upgrades from time to time. Because use of By Lawyers Services involves hardware, software, and Internet access, your ability to use By Lawyers Services may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements are entirely your responsibility, and may change from time to time.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of By Lawyers Services, you will not use By Lawyers Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use By Lawyers Services in any manner that could damage, disable, overburden, or impair any By Lawyers server, or the network(s) connected to any By Lawyers server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorised access to any Services, other accounts, computer systems or networks connected to any By Lawyers server or to any of By Lawyers Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through By Lawyers Services.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of By Lawyers Services requires you to open an account, you must complete the registration process by providing By Lawyers with current, complete and accurate information ('Registration Data'). You also will choose a password and a user name (email address). You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify By Lawyers immediately of any unauthorised use of your account or any other breach of security. By Lawyers will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by By Lawyers or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. By Lawyers may terminate your rights to any or all of By Lawyers Services if any information you provide is false, inaccurate or incomplete. You agree that By Lawyers may store and use the Registration Data you provide (including payment card information) for use in maintaining your accounts and for billing fees to your payment card.
LINKS TO THIRD PARTY WEBSITES
The Websites and By Lawyers Services contain links to third party websites ('the Links') which are external to the Websites and By Lawyers Services. By Lawyers makes no warranties and accepts no liability for the Links; the content and/or the accuracy, correctness, currency and/or reliability of such content therein; or any consequence of acting upon the contents of any website which is not owned/operated by By Lawyers. By Lawyers does not endorse the content, or the use, of such websites, material or content linked from or to this website. Users of the Links are responsible for being aware of which organisation is hosting the website they visit. Views or recommendations provided in linked websites do not necessarily reflect those of By Lawyers.
While By Lawyers takes reasonable precautions to prevent unauthorised access to or use of personal information and confidential information, the use of electronic communications and electronic data storage systems means that there remains a possibility that such information may be accessed by unauthorised persons. Please read our Privacy Statement for more information.
USE OF INFORMATION
As a condition of your use of By Lawyers Services, you authorise us to include your organisations name in our published list of customers.
HOW TO CONTACT US
HOW TO SUBSCRIBE
To subscribe to a product on the By Lawyers website, you will need to complete the following steps:
If you wish to cancel any of your By Lawyers subscriptions you may do so at any time. Cancelling a subscription means that access to that subscription will cease on the subscription period end date and you will not continue to pay a monthly fee after that date.
Every product has a minimum subscription period which you agree to upon subscribing. If you cancel within the minimum subscription period, the cancellation will take effect at the end of that period. You will continue to be billed for the subscription until the end of the minimum subscription period. You are still liable for the full payment of the remaining duration until the end of your minimum subscription period. If your account falls into arrears and the overdue amount is not received within ten days, the full balance will become due for immediate payment. Failure to make any outstanding payments will lead to the service being suspended, and steps being taken to recover the debt. This may result in a default notice being placed on your credit record.
Minimum subscription periods are subject to change. By Lawyers reserves the right to change the minimum subscription period at any time. In the event that the minimum subscription period of a product to which you are currently subscribed to changes, this will not affect you. The minimum subscription period you agreed to upon subscribing will apply.
If you cancel after the minimum subscription period has ended, your access to the guide will cease on the following monthly billing date.
All subscriptions continue indefinitely until the subscriber elects to cancel.
Refunds are not issued for payments made in relation to any By Lawyers subscriptions. Please take caution when subscribing. If you cancel a subscription, you will have access to the publication until the end of the subscription period and no refund will be made.
AGREEMENT TO PAY
You agree to pay for any subscriptions to products and services from By Lawyers, and that By Lawyers may charge your payment card for those products and services and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING BY LAWYERS WITH A VALID PAYMENT CARD FOR PAYMENT OF ALL FEES. All fees will be billed to the payment card you designate during the purchase process. If you wish to designate a different payment card or if there is a change in your payment card status, please update your credit card information on the By Lawyers website, by going to 'My Account'.
Prices of subscriptions are subject to change. By Lawyers reserves the right to change prices at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering. All prices are quoted in Australian dollars.
In the event that the subscription price of a product to which you are currently subscribed changes, that change will not affect you, and you will be charged at the price that you originally subscribed at.
GOODS AND SERVICES TAX (‘GST’)
All subscriptions to publications from By Lawyers are subject to GST.
YOUR MONTHLY BILLING DATE
Your monthly billing date is set when you make your first payment on the By Lawyers website. This is the date your payment will be processed each month thereafter. If you subscribe to additional products from the By Lawyers website, your billing is aligned to match your monthly billing date. Your additional subscriptions will initially be charged at a pro-rata amount from the date of the subscription of the additional product until your monthly billing date renews. Thereafter, you will be billed for all of your By Lawyers subscriptions on the same monthly billing date.
If you have multiple subscriptions, all of your subscription charges will be made in a single transaction according to your billing cycle.
By Lawyers debits payments on a monthly basis. Subscriptions are charged in advance on a monthly basis. All monthly subscriptions have a minimum term. The minimum term is calculated from your monthly billing date.
By Lawyers accepts the following payment methods: