WEBSITE TERMS & CONDITIONS

BESPOKE FAMILY LAWYERS

 

Effective Date: 28 January 2022

Welcome to https://www.bespokefamilylawyers.com.au (Site). 

 

This Site is owned and operated by Bespoke Family Lawyers Pty Ltd ABN 76 621 725 764 trading as Bespoke Family Lawyers (referred to in these terms as “Bespoke Family Lawyers”, “we”, “us”, and “our”). Please take the time to read the terms of use that apply to your use and enjoyment of our Site and the content made available to you via our Site and our social media channels (“Terms”). These Terms, together with our Privacy Policy, apply to all Site visitors, subscribers, customers, and other users of the Site (“user”, “you” and “your”). 

 

CONSENT TO SITE TERMS

By accessing and using our Site, our social media channels and any other materials made available to you or provided to you on our Site (whether available for purchase or not), you are taken to accept our Terms.

 

You warrant that you:

• are over 18 years of age and have the legal capacity to enter into a legally binding contract;
• have read and accepted these Terms; and
• will comply with these Terms.

 

CHANGES TO THESE TERMS

We reserve the right to change of modify these terms at any time, consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on our Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site, products, services and content. If at any time you choose not to accept these Terms, you should not use our Site.

 

Your continued use of our Site is deemed acceptance of any modifications or amendment of these Terms. You may also accept these terms where you click “Agree” or “Accept” or “Buy” or “Book” where such an option is made available to you. If you are uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before proceeding with any purchase or booking.

 

INFORMATION AND ADVICE

Our Site contains content – including Digital Products, guides, blog articles, and other resources – that is of a general informational nature only. This information is not intended to constitute or replace professional advice for individual or specific situations. We do not purport to be financial advisors or any other type of licensed professional and cannot be held liable for any reliance on the information we provide, either on our Site or in any downloadable products. 

 

We do not accept responsibility for determining whether our products and/or services are appropriate for you. We reserve the right to deny service and refund the cost of that product and/or service for any reason, including where we believe that the product and/or service would be dangerous or not appropriate for you, or we believe that further professional advice should be sought. 

 

Any reference to other products or services, programs, courses, processes or other information appearing on our Site does not constitute or imply our endorsement, sponsorship or recommendation in any way.

 

ARE YOU MY LAWYER?

Short answer: no. Long answer? We are lawyers, and we run a law firm – but you aren’t our client (and we aren’t your lawyer) purely because you’ve visited our Site, purchased templates from us, downloaded a free guide or two, booked in a clarity call, sent us a DM, or anything else of that nature. Sorry!

 

We think you’re wonderful – but lawyer/client relationships are a lot more involved. Before we have a lawyer/client relationship, we’ll need to get to learn more about you, your family and situation on a deeper level before we jump into lawyer/client relationship. We don’t provide legal advice via our Site, clarity calls, DMs, etc – everything is general information only, and not individually tailored to your unique situation. 

 

This also means that any info you give us isn’t protected by legal privilege, unless we’re actually acting for you as your lawyer.

 

SO… WHEN DO YOU BECOME MY LAWYER?

If you want to take things to the next level? 

 

We’ll become your legal advisor after you’ve accepted a proposal and signed a client agreement for us to provide you with legal services, and once we’ve conducted a conflict-of-interest check. This means you’ll need to contact us directly (via info@bspokefamilylawyers.com.au) and specifically request tailored advice.

 

We’ll then send through a client agreement detailing the scope of the work we’ll do for you and our costs for that work.  You will need to carefully read and sign the client agreement, and pay the retainer, before we start work for you as your lawyer.  

 

Any legal advice we provide will comply with the Legal Profession Act (Qld) 2007 and any associated rules and regulations. We’ll provide you with further information once you’ve expressed your interest in our custom services.

 

These Terms will continue to apply insofar as they relate to our Site, but if there is any inconsistency between the Terms and the client agreement you’ve signed, the client agreement will prevail.

 

INTELLECTUAL PROPERTY

All the content on our Site, from our Digital Products, guides, blog articles and other resources to trade marks, designs, logos, images, videos and other copyrighted content, either belongs to us or is licensed to us by third parties (Third-Party Licensed Intellectual Property). Your access to our Site or download of any Digital Products or other content does not grant or transfer any rights, title or interest to you in relation to any of this content.

 

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever our Site, products, services, content, Intellectual Property or Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site, products, services, and content, without refund, if you are found to be violating these Terms. 

 

Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of our products (including Digital Products) in any manner whatsoever except as authorised by us.

 

DIGITAL PRODUCTS 

Where you download or purchase our Digital Products (including checklists, guides, ebooks, workbooks, video or audio content), you are granted a non-exclusive, non-transferable, limited licence to access and use these for your own personal purposes. You may not assign or transfer these Digital Products to any other person without our express written consent. We reserve the right to refuse to provide any products and/or services to you at any time for any reason.

 

After payment for your Digital Product has been confirmed, you will have the option to download it and all responsibility for maintaining the downloaded copy is transferred to you. We will not be responsible for any issues with the Digital Product after it has been downloaded.

 

Except as otherwise expressly stated, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of the Digital Products in any manner whatsoever except as authorised by us.

 

Due to the nature of Digital Products, any orders received and processed have a strict no refund policy. Where the incorrect Digital Product is sent to you, or where the link provided to download the Digital Product is not working, we will send the correct Digital Product or a revised download link at no extra cost.

 

CONSULTATIONS

We offer a free clarity call via the phone, for a maximum duration of 30 minutes. Should you wish to continue talking beyond this time, you can schedule a Strategy Session so we can have a more in depth conversation so we can more detailed information from you and provide you with legal advice specific to your situation. 

 

The fee for our Strategy Session is $495 including goods and services tax and the duration is a maximum of 2 hours. You will receive an invoice immediately after the scheduled Strategy Session, and payment can be made via direct deposit into our bank account or credit card through our secure payment gateway.

 

We reserve the right to postpone or cancel any consultation, or reschedule it at a mutually convenient time, for any reason. 

 

If you need to cancel your meeting with us, whether it is the Clarity Call or Strategy Session, it would be great if you could let us know via email at least 24 hours prior to the scheduled time. 

 

LINKS TO OTHER WEBSITES

Our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way endorse, control or approve of, nor are we responsible for, the content on those websites. It’s up to you to decide if those websites and their content are suitable and appropriate for you.

 

PRIVACY

These Terms also include our Privacy Policy which sets out how we use your personal information, which can be accessed here. By using our Site, you consent to the usage of your information as described in the Privacy Policy and warrant that all data provided by you is accurate.

 

PRICES AND PAYMENT 

All prices are in Australian Dollars (AUD) and are inclusive of any Australian Goods and Services Tax (GST) (as applicable). The prices indicated on the Site may change at any time without advance notice to you. Purchases will be charged at the price in force at the time your order is validated. 

 

We reserve the right at any time to modify or discontinue the product or service without notice at any time. We shall not be liable to you, or to a third party, for any modification, price change, suspension or discontinuance of the product or service.

 

We may from time to time provide discounted products and/or services. You may only use one discount code with each purchase. We reserve the right to reject or cancel any orders where you add more than one discount code. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value. Discount codes and/or vouchers cannot be used in conjunction with any other offer or promotion.

 

We offer the option to pay for our products and/or services by credit card or such other method of payment as indicated on our Site. You acknowledge and agree to make timely and full payments to us for the products and/or services purchased. Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card. You authorise us to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times. Where you fail to make payment or payment is declined for any reason, we may revoke your access to our products or services. 

 

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through our Site, including but not limited to any consent you provide to receive communications from us. You further acknowledge and agree that when you click on or tick “I agree”, “I consent”, or other similarly worded click or tick options by electronic means, your agreement or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.

 

SUBMITTING CONTENT TO SITE AND SOCIAL MEDIA

We always appreciate interaction on our social media channels and feedback about our Site, products and services, as it helps us to improve our Site and our products and services. Through the use of our Site, you may be invited to submit a review, and you can also comment on our blog or other parts of our Site or interact with us via our social media channels. We love to hear from you! 

 

Where you do decide to submit such feedback or comments, you:

• warrant that you are the sole author and owner of the intellectual property and any other rights in any content provided (or have the right to use that content with appropriate consents and permissions);
• give us permission to post or otherwise use that feedback on our social media or other channels;
• waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth) in the content you provide us with; 
• warrant that any content provided does not violate these Terms; and 
• warrant that you are at least 18 years old.

 

We reserve the right to remove a review or comment if such review or comment contains:

• libelous or otherwise unlawful, abusive or obscene material; 
• personal attacks on our employees or another contributor; 
• material that discloses your personal information; or 
• Information that is unrelated to the post or content that you have reviewed or commented on.

 

Our Site and social media channels may feature user reviews of our products and/or services. These reviews in no way represent our views or opinions, but are the sole product of their creator. We disclaim all liability with respect to any content submitted by any users.

 

TESTIMONIALS

On our Site, we present real life examples of and insights into other customers’ and/or clients’ experiences with our products and/or services for illustration purposes only. Any results presented demonstrate to users what can be possible, but are not intended to represent or guarantee that any current or future users of our programs, courses, products and/or services will achieve the same or similar results. 

 

Where you have provided testimonials (in any format), you acknowledge that we may use these along with reference to you on our Site and social media channels, or any other avenue, for promotional and other purposes at our discretion.

 

PROHIBITED USE

In addition to any other prohibitions, you must not, under any circumstances, use the Site or its content: 

• for any unlawful purpose; 
• to solicit others to perform or participate in any unlawful acts; 
• to violate any international, federal, or state regulations, rules, laws, or local ordinances;
• to attempt to change, remove, deface, hack or otherwise interfere with our Site or any material or content displayed on the Site; 
• to hack into any aspect of the Site, corrupt data, or cause annoyance to other users; 
• to infringe upon any other person’s proprietary rights; 
• to send any unsolicited advertising or promotional material, commonly referred to as “spam”; or 
• to attempt to affect the performance or functionality of any computer facilities of or accessed through our Site.

 

WARRANTIES AND DISCLAIMERS

This Site is provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties about our Site and/or our products or services, including that:

• they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;
• access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or 
• there is no possibility of failure to store communications or other data. 

 

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable laws, in no event are we, any of our subsidiaries, or any of their shareholders, directors, officers, employees or licensors responsible for any losses and expenses, however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Site and/or our products or services, your inability to access our Site, interruption or outage of our Site or the fact that content on our Site or in our services is inaccurate, incomplete or out of date. Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).

 

OUR RIGHT TO BE INDEMNIFIED BY YOU

To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of our Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.

 

BREACH AND TERMINATION

The agreement constituted between us by your use of the Site may be terminated:

• where you breach any provision of these Terms; or 
• at any time by us, without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access the Site.

 

SEVERABILITY

If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law. The remaining provisions of these Terms will remain in full force and effect.

 

CEASING OUR WEBSITE

We have the right to discontinue our Site. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

 

ASSIGNMENT

We are permitted to assign, transfer and subcontract our rights and/or obligations under these Terms without any notification or consent to you. However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.

 

ENTIRE AGREEMENT

These Terms (together with our Privacy Policy, Additional Terms and disclaimers) constitute the entire understanding and agreement between us and you in relation to your use of our Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, with respect to our Site and your use of our Site.

 

GOVERNING LAW AND JURISDICTION

All Terms shall be construed in accordance with and governed in all respects by the laws of Queensland, Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly and cost-effectively as possible. Where a dispute cannot be resolved, you agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia.