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Terms and conditions

Terms and Conditions of use of Website

The HHG Fixed Fee Essentials Website (“www.hhgessentials.com.au”) is owned and operated by HHG Legal Group (Australian Solicitors Pty Ltd) (“we”, “us” and “our”).

Your use and access to this Website is governed by these terms of use, our Product Terms and Conditions, our Privacy Policy and our Disclaimer (collectively, “Terms”).  By using and continuing to access content on this Website, you acknowledge and consent to these terms of use.  If you do not accept these terms of use, please exit the Website and close this browser immediately.

Changes to these terms of use

1. These Terms of use are current as at 31/07/2014.  We may update and/or change these Terms from time to time.  Such changes, additions or deletions shall be effective immediately upon publication on this Website.  Any continued use of this Website by you shall be deemed to constitute acceptance by you of such modifications to these Terms.

Permitted purpose

2. Our Website may be accessed for the purposes of browsing or purchasing products offered on the Website for sale, subject to those additional terms of sale.  If you purchase any products from our Website, they may be subject to separate terms and conditions.

3. Access to our Website or its use for any other purposes is strictly prohibited.

Website Content

4. We may update or change the content of our Website at any time without notice. However, please note that content on our Website may be out of date at any given time, and we are under no obligation to update it.

5. We do not guarantee that our Website, or any content or products offered through our Website will be:
a) error-free; or
b) available or uninterrupted.

6. We may also suspend, withdraw, discontinue or change all or any part of our Website without notice to you. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.

Your Obligations

7. You are responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms, and that they comply with them.

Intellectual property rights

8. The intellectual property rights in all content made available to you on or through this Website remain our property or that of our licensors and are protected by intellectual property laws and treaties around the world.  All such rights are reserved by us and our licensors.  You may store, print and display the content supplied solely for your own personal use. 

9. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise without our prior written consent.

10. If you print, copy, download or use any part of our Website (including any content contained on our Website) in breach of these terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. We reserve the right to take any further legal actions against you.

Limitation of our liability

11. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content published or forming part of it, whether express or implied.

12. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
a) use of, or inability to use, our Website; or
b) use of or reliance on any content displayed on our Website.

Viruses

13. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any Website linked to it.

14. We do not guarantee that our Website will be secure or free from bugs or viruses.

15. You are responsible for configuring your information technology, computer programs and platform in order to view and access our Website, and implement your own security measures against any bugs or viruses.

16 You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which may be malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website.  You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.  We reserve the right to report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to the relevant legal authorities.  In the event of such a breach, your right to use our Website will cease immediately. We reserve the right to take any further legal actions against you.

Third party links and resources in Our Website

17 Where our Website contains links to other Websites and resources provided by third parties, these links are provided for your information only.  Unless otherwise specified by us, we are not affiliated with, nor do we endorse the views or contents of any other third party Website or resource linked to our Website.

18.We have no control over the contents of third party Websites or resources. We are not liable to you or any user of our Website for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with links to third party Websites, third party resources and contents.

Applicable law

19. These terms of use, their subject matter and their formation, are governed by the laws of Western Australia.  We both agree to the exclusive jurisdiction of the courts of Western Australia.

Contact us

20. If you wish to make any complaints in relation to our Website, please contact us, via email at essentials@hhg.com.au.

Miscellaneous

21. If any provision of these Terms is or becomes illegal, invalid or unenforceable in any respect under the law of Western Australia, that shall not affect the legality, validity or enforceability in that jurisdiction or any other jurisdiction of any other provision of these Terms.

PRODUCT TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND SEEK ANY LEGAL ADVICE PRIOR TO PURCHASING ANY SERVICE THROUGH THIS WEBSITE.

These Terms and Conditions apply to each order that we accept from you for the supply of products or services through our Website (“Products”).  Your acceptance of Products  from us means that you accept these Terms and Conditions.

1. Our Products
1.1 We offer and provide our Products on this Website for individual, non-commercial, private use only.

1.2 You acknowledge and agree that:
(a) you will not to use our Website or purchase any of our Products for any commercial or business purposes
(b) we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

1.3 We may make changes to these Terms and Conditions from time to time without notice to you.  Any modified Terms and Conditions are effective immediately upon publication on this Website.  Your acceptance of further products and services is deemed acceptance of those changes.
 
2. How does it work?
2.1 Once you have selected the service relevant to you from our Packages menu, you will be directed to a list of our Products within those Packages.  You will select and pay for the Product you wish to purchase.

2.2 Once you have purchased the Product, you will follow the prompts to enter the information required for us to create your documentation for you (“Your Data”).  We will then create your documentation based on Your Data. 

2.3 You represent and warrant to use that all information provided by you is correct and true at the time of being submitted by you.

2.4 Unfortunately, if there are any errors or omissions made by you when submitting Your Data, your documentation may be incorrect or unsuitable for your purposes. 

2.5 We will not be liable for any loss or damage suffered by you as a result of any documentation which is incorrect or unsuitable where:
(a) you have not received express written advice from a solicitor employed by us that the Product is right for you;
(b) you have selected the wrong Product;
(c) you have submitted wrong or inaccurate information; or
(d) you fail to complete or provide the information requested by us to prepare your documentation; or
(e) we have been unable to provide the Product as a result, directly or indirectly, of wars, terrorism, strikes, lockouts, delays or defaults of manufacturers or suppliers, act of God, or any other cause beyond our reasonable control.
2.6 If you require any amendments to your documentation, you may contact one of our offices on essentials@hhg.com.au and we may, at our sole discretion, amend your documentation. Fees will be applicable for any amendments, modifications or alterations to your documentation.

2.7 It is your sole responsibility to complete and submit the information required for us to complete the documentation the subject of any Product you have purchased. You will not be entitled to a refund if you fail to do so, or otherwise change your mind.

2.8 In the event that you have selected a Product and it comes to our attention that the Product is not suitable for you or the use you intend to put it to, then we may, at our sole discretion:-

(a) offer to you a refund of the price paid for the Product;
(b) offer to you a credit for the price of the Product to be redeemed against  the price of any other Product offered by us or HHG Legal Group; or
(c) offer to amend the documentation to suit your needs or purpose. Fees will be applicable for any amendments, modifications or alterations to your documentation.

However, nothing in this clause:-
(a) imposes any obligation on us to enquire as to whether a Product is suitable for you or the use you intend to put it to;
(b) imposes any obligation on us to contact you if it comes to our attention that a Product is unsuitable for you or the use you intend to put it;
(b) imposes any liability on us for our failure to notify you where it has come to our attention that a Product is unsuitable for you or the use you intend to put it.

3. How do I receive my Product?
3.1 Unless you request otherwise, you may collect the Product at one of our offices in Western Australia.  See a list of our offices here.

3.2 Alternatively, you may elect for us to deliver the Product in an electronic pdf file to your nominated email address.  Please note that if you are purchasing one of our Wills and Powers of Attorney Products and you wish to receive your documentation delivered to you electronically, you will be required to provide to us with two forms of photographic identification so that we can make sure that you are who you say you are. It is your sole liability to ensure that any email address provided by you is secure. We will not be liable to you in any way whatsoever for any breach of security of your email address.

4. When do I pay?
4.1 All prices (including any taxes applicable) for our Products are listed with our product offerings. 

4.2 You must pay for the selected Product through our online payment system before you are able to use or access any of our Products.

5. When will I receive my Product?

5.1 Our delivery times will differ depending on the Product which you purchase. Generally:-

(a) we will endeavour to have any Fixed Fee Products ready for collection by you within 72 hours of you submitting all necessary information;

(b) where you have selected any Product that includes legal advice, we will endeavour to have an appropriate employee contact you within 48 hours of you submitting all necessary information; 

(c) for any other Product we will endeavour to contact you or provide the documentation as soon as reasonably practicable after you have submitted all necessary information.

5.2 You are solely responsible for ensuring that:-
 
(a) you have provided to us secure, private, correct and current contact  information; and

(b) where your documentation is to be delivered by email, you have provided to us a secure email address.

5.3 We will not be liable to you in any way whatsoever with respect to any loss or damage suffered by you attributable to:-
 
 (a) any delay in delivery to You whatsoever and howsoever caused;

(b) if any third party obtains information about you,  about the Product you have purchased or that you are using our services, as a result of us contacting you using the contact information you have provided.

5.4 When you have selected a Product that includes a certain number of hours of legal advice, you acknowledge and agree that:-

(a) the time will be allocated in 6 minute intervals and use of part of a 6 minute interval will be recorded as a full 6 minute interval. In other words, if you receive telephone advice for 4 minutes, you will be deemed to have used one 6 minute interval. This also means if you send our firm an email, and our solicitors respond to that email they will register the time it takes them to review, consider and respond to the email which again will be rounded up to the nearest 6 minute interval;

(b) all contact and correspondence with our solicitors, whether specific or general in nature, will be considered “advice” as will any time required by our solicitors to review correspondence you send or any attachments or relevant documentation. This time will be deducted from the advice credit you have purchased as part of your Product;

(c) advice bundles are only available for the time period stated at the time of purchasing and where no time is stated, for a period of 3 months from the date of purchase. On expiration any unused credit will be forfeited (you will not be entitled to a refund);

(d) time purchased under an advice bundle may only be used with respect to legal matters in the area of law in which the advice bundle was offered. For example, if you purchase a Family Law advice bundle, you cannot seek any advice from our Criminal Law team as part of purchased time. 

 

6. Disclaimer of Liability and Warranties
6.1 If any law or regulation including but not limited to the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law, confers rights and remedies on you in relation to the provision by us of Products ordered by you which cannot be excluded, restricted or modified (“Non-excludable Rights”), we do not exclude any Non-excludable Rights.

6.2 Other than the Non-excludable Rights, we exclude all other conditions and warranties implied by custom, law or statute.  To the full extent permitted by law, all products and services ordered by you are provided without warranties of any kind, either express or implied.  We expressly exclude any warranties that: 
(a) any Product will be complete or free from all errors;
(b) any Product is suitable for you or the use you intend to put it to unless you have received express advice from a solicitor employed by us that the Product is suitable for you or the use you intend to put it to;
(c) information will continue to be available to us to enable us to keep those products and services up-to-date.

6.3 To the fullest extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded, but can be limited, is limited, at our entire sole discretion to supply the Product ordered by you again or refund you any moneys paid by you for the Product.

7. COSTS AGREEMENT

7.1 In our absolute discretion we may require you to execute a Costs Agreement with our Firm with respect to any fees and charges payable by you to us or third parties engaged by us on your behalf.

7.2 You acknowledge and agree that if we do require you to sign a Costs Agreement we are under no obligation whatsoever to proceed to provide to you any Product or advice until such time as the signed Costs Agreement has been returned to our offices.

8. IDENTIFICATION

In our absolute discretion we may at any time require you to provide identification documents to support the information you have provided. If you fail to do so, then we may, at our sole discretion refuse to provide any Product or service to you. We will not be liable for any loss or damage you suffer as a result of us enforcing our rights under this clause.

9. GOVERNING LAW
These Conditions will be governed by and construed according to the law of Western Australia and both of us agree to submit to the jurisdiction of the courts and tribunals of or exercising jurisdiction in that State.

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