Website Terms and Conditions

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Welcome to our website. This website with URL address https://www.edivorce.com.au is owned and operated by Legal Online Pty Ltd (ACN 620 653 858). Legal Online Pty Ltd can be contacted at support@edivorce.com.au or by post at GPO Box 937 Adelaide SA 5001.

Please note eDivorce is not a legal practice and does not provide legal advice. Any information, documents, correspondence, resources or other materials obtained from or provided by eDivorce is not legal advice. Should you require legal advice, we recommend that you engage a solicitor.

Should you continue to use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy (available on our Website) govern Legal Online Pty Ltd’s relationship with you in connection with this website. Should you not agree with any of these Terms and Conditions, please do not use our website.

In using our Products or Services, you warrant that you have had sufficient opportunity to access and review these Terms and Conditions and make contact us with us in respect of any queries or concerns you may have, and that you have read, accepted and will comply with our Terms and Conditions, and that you are 18 years or older. If you do not agree to these Terms and Conditions, please do not access or use our Products or Services.

About the Website
1. Welcome to www.edivorce.com.au (the ' Website '). The Website provides you with an opportunity to browse and purchase various products and services including automated legal precedent documents and information eguides that have been listed for sale and generated through the Website (the ' Products and Services '). The Website provides these Products and Services by way of granting you access to the content, online forms and output documents available via the Website (the ' Customer Services ').
2. The Website is operated by Legal Online Pty Ltd. Access to and use of the Website, or any of its associated Products or Services, is provided by Legal Online Pty Ltd. Please read these terms and conditions (the ' Terms ') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
3. Legal Online Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Legal Online Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Legal Online Pty Ltd in the user interface.
Use of the Customer Services
1. In order to access the Customer Services, you must first enter personal details and if requested process payment as a user of the Website. As part of the purchase process, or as part of your continued use of the Customer Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
  (a) Email address
  (b) Mailing address
  (c) Telephone number
  (d) Credit and debit card information
  (e) Other personal information
2. You warrant that any information you give to Legal Online Pty Ltd in the course of completing the purchase process will always be accurate, correct and up to date.
3. Use of online documents and automatically generated output documents is affected by factors outside our control, including your internet browser and software on your computer. Output documents including automatically populated court application precedents will be provided either in Microsoft Word and/or PDF files. Please ensure you have access to a recent version of Microsoft Word in order to view and edit documents.
4. Once you visit the Website and use the Customer Services, you will be a customer of the Website (' Customer ') and agree to be bound by the Terms. As a Customer you will be granted access to the relevant Customer Services in accordance with the relevant Products and Services requested, accessed and/or purchased by you and provided by Legal Online Pty Ltd.
5. You may not use the Customer Services and may not accept the Terms if:
  (a) you are not of legal age (less than 18 years) to form a binding contract with Legal Online Pty Ltd; or
  (b) you are a person barred from receiving the Customer Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Customer Services.
Your obligations as a Customer
1. As a Customer, you agree to comply with the following:
  You will use the Customer Services only for purposes that are permitted by:
  (a) the Terms;
  (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
  (c) you have the sole responsibility for protecting the confidentiality of your personal information and/or email address;
  (d) any use of Legal Online Pty Ltd Products and Services purchased by you pursuant to these Terms by any other person, or third parties is strictly prohibited, with the exception of use by your former spouse in the course of applications made jointly to Courts exercising family law jurisdiction. You agree to immediately notify Legal Online Pty Ltd of any unauthorised use of Products and Services or any breach of security of which you have become aware;
  (e) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Legal Online Pty Ltd providing the Customer Services;
  (f) you will not use the Customer Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
  (g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Customer Services. Appropriate legal action will be taken by Legal Online Pty Ltd for any illegal or unauthorised use of the Website; and
  (h) you acknowledge and agree that any automated use of the Website or its Customer Services is prohibited.
Purchase of Products or Services and Refund Policy
1. In using the Customer Services to purchase Product and Services through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ' Purchase Price ').
2. Payment of the Purchase Price may be made through Stripe, Inc. (the ' Payment Gateway Provider'). In using the Customer Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
3. Following payment of the Purchase Price being confirmed by Legal Online Pty Ltd, you will be issued with a receipt to confirm that the payment has been received and Legal Online Pty Ltd may record your purchase details for future use.
4. We are confident in our Products and Services and stand behind them. However, if you the customer are unsatisfied with any product or Kit purchased by you from Legal Online Pty Ltd, please notify us in writing within 30 days.
5. Legal Online Pty Ltd may, at their sole discretion, provide a refund on any Product and/or Service item. Requests for refunds will be considered on a case by case basis and may or may not result in Legal Online Pty Ltd exercising its discretion to provide a refund.
6. Please note, our 30-day money back guarantee is subject to the following terms and conditions:A full refund may be provided to customers in the following circumstances:
  - Where the request has been made in writing within 30 days from the date of purchase; and
  - Where the customer has not completed our online form and has not been sent completed application documents.
  A refund will not be provided to customers in the following circumstances:
  - Where the request has been made more than 30 days from the date of purchase; and/or
  - Where the customer has completed our online form and has been sent completed application documents.
Use of Documents
1. In purchasing and using Products and Services through the Website, you acknowledge and agree that:
  (a) the Website contains documents, eguides, kits, collated information and resources which are licensed to us (“the Documents”).
  (b) copyright in the Documents belongs to Legal Online Pty Ltd.
  (c) you are not permitted to use the Documents other than in the manner provided for in these Terms and Conditions
2. Upon purchase of a Document, you are permitted to:
  (a) download, save, edit and amend the Document;
  (b) supply the Document to your former partner or spouse for the purposes of jointly making an application to a court;
  (c) supply the Document to a lawyer for advice, review and amendment; and
  (d) supply the Document to the Family Court of Australia or the Federal Circuit Court of Australia on your own accord for consideration.
3. Upon purchase of a Document you agree not to:
  (a) make available for sale, distribute, share or seek to benefit commercially from any Document you have received from this Website, whether purchased or freely provided;
  (b) use the Website, Products or Services for unlawful or purposes not permitted under these Terms;
  (c) collect or provide information about third parties on the Website without their consent;
  (d) target or expose any form of malicious software into the Website.
4. Any Document provided by Legal Online Pty Ltd is for personal and private use only. It must not be copied, reproduced, uploaded, distributed, electronically transmitted or otherwise made use of in any way in part or in whole by any individual or commercial entity for any purpose without first obtaining the written consent of Legal Online Pty Ltd.
5. Any Document provided by Legal Online Pty Ltd is provided for general information purposes only. The directors, employees, and officeholders of eDivorce.com.au and Legal Online Pty Ltd are not providing personal legal advice or acting as your lawyer when you create, download or use our Documents.
6. The content of any Document is not intended and must not be relied upon as a substitute for legal advice. All Documents have been prepared without taking into account your personal circumstances, legal situation, financial situation or needs and should not replace individual, independent, personal legal or financial advice.
7. Documents available on the website, including court applications for divorce and property settlement, are completed and provided to the customer via a fully automated process using content provided solely by the Customer in online questionnaire forms on the Website.
8. Legal Online Pty Ltd does not review nor check the accuracy, completeness or acceptability of information provided by Customers in the online form or in Documents automatically generated. It remains the sole responsibility of the Customer to review any output Document for accuracy and completeness, and to understand and obtain professional legal advice in respect of same. Anyone using Documents provided on the Website does so at their own risk.
9. Legal Online Pty Ltd does not serve as a repository, storage facility nor record keeping service for Documents purchased or received from the Website and accepts no liability or responsibility for preservation of Documents in any format whether digitally or otherwise. Legal Online Pty Ltd encourages all Customers to retain Documents in their possession in a secure and safe manner at all times.
Promotional codes
1. Legal Online Pty Ltd in its sole discretion may from time to time create promotional codes redeemable for price discounts or credit in relation to Products and Services offered on the Website.
2. Promotional codes may be limited to a single use and may be limited to use within a period of time as nominated by Legal Online Pty Ltd.
3. Use of promotional codes may be limited to a single promotional code per transaction and may not be permitted for use in conjunction with other promotional offers.
4. Using a promotional code in no way establishes a lawyer/client relationship.
5. Promotional codes may not be copied, made available for sale, used for commercial benefit or transferred in any manner, or made available to any third party other than the intended recipient.
6. Legal Online Pty Ltd may at its sole discretion refuse the use of a promotional code for any reason.
Warranty disclaimer
1. The Website provides general legal information, resources and document preparation technology to automatically generate legal documents. Legal Online Pty Ltd is not a legal practice or law firm nor does it engage in legal practice of any kind.
2. Legal Online Pty Ltd provides general information only. General information is not legal advice, nor is it tailored to personal needs or circumstances of the customer and is not guaranteed to be accurate, current, or complete.
3. Legal Online Pty Ltd is not responsible for any errors or omissions that the Customer has made in the online form. The Customer accepts the risks involved in preparing their own legal documents and acknowledges that Legal Online Pty Ltd has not provided legal or financial advice.
4. Because Legal Online Pty Ltd Products and Services are generally applicable and provided via an automated process based on information provided by the Customer, Legal Online Pty Ltd cannot and do not account for every situation. Do not use this website as a substitute for legal advice specific to your particular circumstance.
5. Copyright and Intellectual Property
  The Website, the Customer Services and all of the related products of Legal Online Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes and are reserved by Legal Online Pty Ltd or its contributors.
6. Legal Online Pty Ltd retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
  (a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Legal Online Pty Ltd; or
  (b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
  (c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
7. You may not, without the prior written permission of Legal Online Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up- load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third-party contact for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
Privacy
Legal Online Pty Ltd takes your privacy seriously and any information provided through your use of the Application and/or the Customer Services are subject to Legal Online Pty Ltd's Privacy Policy, which is available on the Website.
General Disclaimer
1. You acknowledge that Legal Online Pty Ltd does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products or Services other than provided for pursuant to these Terms.
2. Legal Online Pty Ltd will make every effort to ensure a Product or Service is accurately depicted on the Website, however, you acknowledge that documents provided may differ from what is displayed on the Website.
3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
4. Subject to this clause, and to the extent permitted by law:
  (a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
  (b) Legal Online Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Customer Services or these Terms (including as a result of not being able to use the Customer Services or the late supply of the Customer Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
5. Use of the Website, the Customer Services, and any of the products of Legal Online Pty Ltd is at your own risk. Everything on Website, the Customer Services, and the Products of Legal Online Pty Ltd, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Legal Online Pty Ltd make any express or implied representation or warranty about the quality or accuracy of Content or any products, output documents or Customer Services (including the products or Customer Services of Legal Online Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
  (a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
  (b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
  (c) costs incurred as a result of you using the Website, the Customer Services or any of the Products;
  (d) the Content or operation in respect to links which are provided for the User's convenience;
  (e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
  (f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
Limitation of Liability
1. Legal Online Pty Ltd's total liability arising out of or in connection with the Customer Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms, or where you have not paid the Purchase, then the total liability of Legal Online Pty Ltd is the resupply of information or Customer Services to you.
2. You expressly understand and agree that Legal Online Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit or opportunity (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
3. Legal Online Pty Ltd is not responsible or liable in any manner for any site content (including the Content and Third-Party Content) posted on the Website or in connection with the Customer Services, whether posted or caused by users of the website of Legal Online Pty Ltd, by third parties or by any of the Customer Services offered by Legal Online Pty Ltd.
Termination of Contract
1. The Terms will continue to apply until terminated by either you or by Legal Online Pty Ltd as set out below.
2. If you want to terminate the Terms, you may do so by notifying Legal Online Pty Ltd at any time. Your notice should be sent, in writing, to Legal Online Pty Ltd via the 'Contact Us' link on our homepage.
3. Legal Online Pty Ltd may at any time, terminate the Terms with you if:
  (a) you have breached any provision of the Terms or intend to breach any provision;
  (b) Legal Online Pty Ltd is required to do so by law;
  (c) Legal Online Pty Ltd is transitioning to no longer providing the Customer Services to Users in the country in which you are resident or from which you use the service; or
  (d) the provision of the Customer Services to you by Legal Online Pty Ltd is, in the opinion of Legal Online Pty Ltd, no longer commercially viable.
4. Subject to local applicable laws, Legal Online Pty Ltd reserves the right to discontinue or cancel in part or in whole the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Customer Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Legal Online Pty Ltd's name or reputation or violates the rights of those of another party.
5. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Legal Online Pty Ltd have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
Indemnity
1. You agree to indemnify Legal Online Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
  (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
  (b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
  (c) any breach of the Terms.
Dispute Resolution
1. Compulsory:
  If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
2. Notice:
  A party to the Terms claiming a dispute (' Dispute ') has arisen under the Terms, must give written notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute.
3. Resolution:
  On receipt of that notice (' Notice ') by that other party, the parties to the Terms ('Parties ') must:
  (a) Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
  (b) If, for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
  (c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
  (d) The mediation will be held in South Australia, Australia.
4. Confidential:
  All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
5. Termination of Mediation:
  If 14 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Venue and Jurisdiction
The Customer Services offered by Legal Online Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of South Australia, Australia.
Governing Law
The Terms are governed by the laws of South Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of South Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice
The customer and their former partner or spouse (‘the Parties’) confirm and declare that the provisions of the Terms are fair and reasonable and the Parties have had the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.

Last updated: 1 October 2018

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