Disclaimer

Disclaimer 2018-04-25T19:58:01+00:00

The terms and conditions on this page form part of our Usage Terms.

Definitions and interpretation

In the terms and conditions on this page:

  • “Fluency Legal” means Fluency Legal Pty Ltd (ABN 31 162 375 377); and
  • words and phrases that are defined in the Usage Terms have the same meanings when used on this page.

The rules of interpretation that apply to the Usage Terms also apply to the terms and conditions on this page.

Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND FLUENCY LEGAL, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS/CONTRACTORS, LICENSORS, PARTNERS AND AFFILIATES, EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (INCLUDING THAT ANY DOCUMENT CREATED THROUGH THIS SITE WILL BE ENFORCEABLE IN ANY RESPECT OR WILL HAVE ANY PARTICULAR LEGAL OR COMMERCIAL EFFECT) OR NON-INFRINGEMENT.

This site is provided strictly on an ‘as is’ basis.  To the maximum extent permitted by law, the Company and Fluency Legal, and their respective directors, officers, employees, agents, consultants/contractors, licensors, partners and affiliates, make no representation, warranty or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:

  • the use of this site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
  • this site will meet your requirements or expectations;
  • any document created through this site will be enforceable in any respect or will have any particular legal or commercial effect;
  • anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date;
  • the quality of any goods, services, information or other material purchased or obtained through this site will meet requirements or expectations;
  • errors or defects will be corrected; or
  • this site or the servers that make it available are free of viruses or other harmful components.

Exclusion of liability

To the maximum extent permitted by law, the Company and Fluency Legal, and their respective directors, officers, employees, agents, consultants/contractors, licensors, partners and affiliates, exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, any use of this site, or any use of, or reliance upon, any goods or services obtained through this site, by you or any other person.

By using this site, you waive the right to bring, and covenant not to bring, any claim, complaint, demand, proceeding, suit, litigation, action, cause of action or other legal recourse (whether in contract, tort, under statute or otherwise) that you have, or would otherwise have had, against the Company and/or Fluency Legal and/or any of their directors, officers, employees, agents, consultants, licensors, partners and affiliates and you acknowledge and agree that this waiver and release may be pleaded as a bar and complete defence to any such claims.

Release

You agree that your use of this site is at your own discretion and risk.  You agree to release the Company and Fluency Legal, and their respective directors, officers, employees, agents, consultants, licensors, partners and affiliates, from any claim, demand or cause of action that you may have against any of them arising directly or indirectly out of, or in connection with, your use of this site or any use of, or reliance upon, any goods or services obtained through this site by you or any other person.

User representations and warranties

In respect of your use of this site and/or your use of, or reliance upon, any goods or services obtained through this site, you represent and warrant to the Company and Fluency Legal, and their respective  directors, officers, employees, agents, consultants/contractors, licensors, partners and affiliates, that:

  • you have had an opportunity to obtain financial, legal and taxation advice and are acting on the basis of such advice in respect of such use/reliance;
  • you have received and reviewed all information concerning such use/reliance as you consider necessary to enable you to make an informed decision concerning such use/reliance;
  • in making your decision to use or rely upon such goods or services, you have relied on your own investigation and you understand that no representation or warranty is being made or given by or on behalf of the Company or Fluency Legal and that no reliance has been placed on any statements of, or information supplied by, the Company or Fluency Legal; and
  • you have such knowledge and experience in financial and legal matters that you are capable of evaluating the merits of such use/reliance and you have completed that evaluation prior to any such use/reliance.

Legal services

Smarter Drafter is not a law firm and cannot, and does not, provide legal advice or other legal services. We urge you to carefully review and consider any documents that you may acquire through this site. You and your legal advisers should make your own independent review of such documents and any decision to use or rely upon such documents should only be taken after you have obtained your own professional advice.

Relationship with Fluency Legal

The Company holds the benefit of the Usage Terms, including the disclaimers, exclusions and releases contained on this page and the representations and warranties provided by you, for itself and as agent and trustee for and on behalf of Fluency Legal. Except in respect of the holding of the benefit of those terms and conditions by Fluency Legal through the Company, no relationship whatsoever (whether legal, equitable or otherwise) is formed between you and Fluency Legal by virtue of your use of this site or any use of, or reliance upon, any goods or services obtained through this site by you or any other person, and no duty of care whatsoever (whether legal, equitable or otherwise) is owed or assumed by Fluency Legal towards you in respect of any such use or reliance.

IF YOU REQUIRE ANY LEGAL SERVICES IN CONNECTION WITH ANY DOCUMENTS THAT YOU OBTAIN THROUGH THIS SITE, YOU ARE ENCOURAGED TO CONTACT FLUENCY LEGAL FOR ASSISTANCE – HOWEVER, NO RELATIONSHIP IS OR WILL BE FORMED BETWEEN YOU AND FLUENCY LEGAL UNLESS AND UNTIL YOU ENTER INTO A WRITTEN ENGAGEMENT WITH FLUENCY LEGAL FOR THE PROVISION OF SUCH LEGAL SERVICES.