FluentDocs Pty Ltd trading as “Smarter Drafter” (ABN 16 163 715 428) (“we”, “us” or the “Company”) is committed to privacy protection. At https://smarterdrafter.com.au (“Smarter Drafter” or “this site”), we understand the importance of keeping personal information private and secure. This privacy policy (“Privacy Policy”) describes generally how we manage personal information and safeguard privacy. If you would like more information, please don’t hesitate to contact us.

The Australian Privacy Principles

We will treat all personal information in accordance with any and all obligations that are binding upon us under the Privacy Act 1988 (Cth) (“Privacy Act”). The Privacy Act lays down 13 key principles in relation to the collection and treatment of personal information, which are called the “Australian Privacy Principles”.

What is “personal information”?

Personal information held by the Company may include your:

  • name and date of birth;
  • residential and business postal addresses, telephone/mobile/fax numbers and email addresses;
  • bank account and/or credit card details for agreed billing purposes;
  • preferences for using this site and your computer and connection information; and
  • any information that you provide to us in your responses to our online document customisation forms.
Information provided to PayPal

All online document purchases that are made through this site on a “pay-as-you-go” basis are processed securely by PayPal. We are not privy to any of the bank account, credit card or other personal information that you may provide to PayPal, other than your name, billing address and email address.

How we may collect your personal information

At Smarter Drafter, we only collect personal information that is necessary for us to conduct our business as a provider of online automated legal documents.

Information that you provide to us

We may collect personal information that you provide to us about yourself when you:

  • use this site, including in your responses to our online document customisation forms;
  • provide information to us by telephone or Skype; and/or
  • send us an email or other communication (eg, through our online contact form).
Cookies

This site may use “cookies” to help personalise your online experience. A cookie is a text file or a packet of information that is placed on your hard disk by a web page server to identify and interact more effectively with your computer. There are two types of cookies that may be used at this site: a persistent cookie and a session cookie. A persistent cookie is entered by your web browser into a dedicated folder for cookies on your computer and remains in that folder after you close your browser, and may be used by your browser on subsequent visits to this site. A session cookie is held temporarily in your computer’s memory and disappears after you close your browser or shut down your computer. Cookies cannot be used to run programs. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. In some cases, cookies may collect and store personal information about you. The Company extends the same privacy protection to your personal information, whether gathered via cookies or from other sources. You can configure your internet browser to accept all cookies, reject all cookies or notify you when a cookie is sent. Please refer to your internet browser’s instructions to learn more about these functions. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of Smarter Drafter.

IP addresses

This site may also collect Internet Protocol (IP) addresses. IP addresses are assigned to computers on the internet to uniquely identify them within the global network. Smarter Drafter may collect IP addresses in order to provide internet session management and for security purposes. We may also collect and use web log, computer and connection information for security purposes and to help prevent and detect any misuse of, or fraudulent activities involving, this site.

How we may use your personal information

Your personal information may be used in order to:

  • produce and deliver to you any automated legal documents that you may purchase through this site;
  • administer and manage any payments that may be made by you to the Company in respect of purchases on online automated legal documents or otherwise, including charging, billing and collecting debts;
  • respond to any queries or feedback that you may have;
  • verify your identity, and conduct appropriate checks for credit-worthiness and for fraud;
  • prevent and detect any misuse of, or fraudulent activities involving, this site;
  • conduct research and development in respect of our products and services;
  • gain an understanding of your information and communication needs or obtain your feedback or views about our products/services in order for us to improve them; and/or
  • maintain and develop our business systems and infrastructure, including testing and upgrading of these systems,

and for any other purpose reasonably considered necessary or desirable by the Company in relation to the operation of its business as a provider of online automated legal documents. Your personal information may also be collected so that the Company can promote and market products and services to you. This is to keep you informed of products, services and special offers that we believe you will find valuable and may continue after you cease acquiring goods or services from us. If you would prefer not to receive promotional or other material from us, please let us know and we will respect your request. You can unsubscribe from such communications at any time if you so choose.

When we may disclose your personal information

In order to deliver the products/services you require or for the purposes set out above, the Company may disclose your personal information to organisations outside the Company. Your personal information may be disclosed to these organisations only in relation to Smarter Drafter, and the Company takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information. These organisations may carry out or provide:

  • customer enquiries;
  • mailing systems;
  • billing and debt-recovery functions;
  • information technology services;
  • marketing, telemarketing and sales services;
  • market research; and
  • website usage analysis.

In addition, we may disclose your personal information to:

  • your authorised representatives or legal advisers (when requested by you to do so);
  • credit-reporting and fraud-checking agencies;
  • credit providers (for credit-related purposes such as checks for creditworthiness, credit rating as well as credit provision and financing);
  • banks or other financial institutions (for the purposes of processing payments made by you to the Company);
  • our professional advisers, including our accountants, auditors and lawyers;
  • government and regulatory authorities and other organisations, as required or authorised by law;
  • organisations who manage our business and corporate strategies, including those involved in a transfer/sale of all or part of our assets or business (including accounts and trade receivables) and those involved in managing our corporate risk and funding functions; and/or
  • the police or other appropriate persons where your communication suggests possible illegal activity or harm to others.

Contacting us about privacy

If you would like more information about how we manage personal information that we may hold about you, or are concerned that we may have breached your privacy, please contact our Privacy Officer by email to privacy@smarterdrafter.com.au.

Access to your personal information

In most cases, you may have access to personal information that we hold about you. We will handle requests for access to your personal information in accordance with the Australian Privacy Principles. All requests for access to your personal information must be directed to our Privacy Officer by email using the email address provided above. We will deal with all requests for access to personal information as quickly as possible. Requests for a large amount of information, or information that is not currently in use, may require further time before a response can be given. We may charge you a fee for access if a cost is incurred by us in order to retrieve your information, but in no case will we charge you a fee for your application for access. In some cases, we may refuse to give you access to personal information that we hold about you. This may include circumstances where giving you access would:

  • be unlawful (eg, where a record that contains personal information about you is subject to a claim for legal professional privilege by one of our contractual counterparties);
  • have an unreasonable impact on another person’s privacy; or
  • prejudice an investigation of unlawful activity.

We may also refuse access where the personal information relates to existing or anticipated legal proceedings, and the information would not be accessible by the process of discovery in those proceedings. If we refuse to give you access, we will provide you with reasons for our refusal.

Correcting your personal information

We will amend any personal information about you that is held by us and that is inaccurate, incomplete or out of date if you request us to do so. If we disagree with your view about the accuracy, completeness or currency of a record of your personal information that is held by us, and you ask us to associate with that record a statement that you have a contrary view, we will take reasonable steps to do so.

Storage and security of your personal information

We are committed to maintaining the confidentiality of the information that you provide us and we will take all reasonable precautions to protect your personal information from unauthorised use or alteration. In our business, personal information may be stored both electronically (on our computer systems and with our website hosting provider) and in hard-copy form. Firewalls, anti-virus software and email filters, as well as passwords, protect all of our electronic information. Likewise, we take all reasonable measures to ensure the security of hard-copy information.

Third party websites

You may click-through to third party websites from this site, in which case we recommend that you refer to the privacy statement of the third party websites that you visit. This Privacy Policy applies to this site only and the Company assumes no responsibility for the content of any third party websites.

Credit card payment processing by PayPal

In particular, when you submit an online document customisation form to us on a “pay-as-you-go” basis, your payment will be processed securely by PayPal. The payment processing function is not part of this site. As noted above, we are not privy to any of the bank account, credit card or other personal information that you may provide to PayPal, other than your name, billing address and email address. We recommend that you refer to PayPal’s privacy statement if you would like more information about how PayPal collects and handles your personal information.

Re-marketing

We may use the Google AdWords and/or Facebook re-marketing services to advertise on third party websites to previous visitors to this site based upon their activity on this site. This allows us to tailor our marketing to better suit your needs and to only display advertisements that are relevant to you. Such advertising may be displayed on a Google search results page or a website in the Google Display Network or inside Facebook. Google and Facebook may use cookies and/or pixel tags to achieve this. Any data so collected by Google and/or Facebook will be used in accordance with their own respective privacy policies. None of your personal Google and/or Facebook information is reported to us. You can set preferences for how Google advertises to you using the Google Ads Settings page (https://www.google.com/settings/ads). Facebook has enabled an AdChoices link that enables you to opt out of targeted advertising and you can also click on the “x” in the upper-right-hand corner of any targeted Facebook advertisement to reveal further options.

GDPR

The Company welcomes the General Data Protection Regulation (“GDPR”) of the European Union (“EU”) as an important step forward in streamlining data protection globally. We will comply with the data handling regime laid out in the GDPR in respect of any personal information of data subjects in the EU that we may obtain.

GDPR rights

The requirements of the GDRP are broadly similar to those set out in the Privacy Act and include the following rights:

  • you are entitled to request details of the information that we hold about you and how we process it. For EU residents, we will provide this information for no fee;
  • you may also have a right to:
    • have that information rectified or deleted;
    • restrict our processing of that information;
    • stop unauthorised transfers of your personal information to a third party;
    • in some circumstances, have that information transferred to another organisation; and
    • lodge a complaint in relation to our processing of your personal information with a local supervisory authority; and
  • where we rely upon your consent as our legal basis for collecting and processing your data, you may withdraw that consent at any time.

If you object to the processing of your personal information, or if you have provided your consent to processing and you later choose to withdraw it, we will respect that choice in accordance with our legal obligations. However, please be aware that:

  • such objection or withdrawal of consent could mean that we are unable to provide our goods/services to you, and could unduly prevent us from legitimately providing our goods/services to other clients subject to appropriate confidentiality protections; and
  • even after you have chosen to withdraw your consent, we may be able to continue to keep and process your personal information to the extent required or otherwise permitted by law, in particular:
    • to pursue our legitimate interests in a way that might reasonably be expected as part of running our business and which does not materially impact on your rights, freedoms or interests; and
    • in exercising and defending our legal rights and meeting our legal and regulatory obligations.
Storage and processing by third parties

Data that we collect about you may be stored or otherwise processed by third party services with data centres based outside the EU, such as Google Analytics, Microsoft Azure, Amazon Web Services, Apple, etc and online relationship management tools. We consider that the collection and such processing of this information is necessary to pursue our legitimate interests in a way that might reasonably be expected (eg, to analyse how our clients use our goods/services, develop our goods/services and grow our business) and which does not materially impact your rights, freedom or interests. The Company requires that all third parties that act as “data processors” for us provide sufficient guarantees and implement appropriate technical and organisational measures to secure your data, only process personal data for specified purposes and have committed themselves to confidentiality.

Duration of retention of your data

We will only keep your data for as long as is necessary for the purpose for which it was collected, subject to satisfying any legal, accounting or reporting requirements. At the end of any retention period, your data will either be deleted completely or anonymised (for example, by aggregation with other data so that it can be used in a non-identifiable way for statistical analysis and business planning). In some circumstances, you can ask us to delete your data.

Keeping your information up-to-date

To ensure that your personal information is accurate and up to date, please promptly advise us of any changes to your information by contacting our data protection officer at privacy@smarterdrafter.com.au or by post.

Changes to this Privacy Policy

From time to time, it may be necessary for us to revise this Privacy Policy. Any changes will be in accordance with any applicable requirements under the Privacy Act and the Australian Privacy Principles. We may notify you about changes to this Privacy Policy by posting an updated version on this site.

* * * *

If you require any further information about the Privacy Act and the Australian Privacy Principles, you can visit the Australian Information Commissioner’s website (see https://www.oaic.gov.au/).

Welcome to Smarter Drafter! Smarter Drafter is the website of FluentDocs Pty Ltd trading as “Smarter Drafter” (ABN 16 163 715 428) (“we”, “us” or the “Company”), a leading provider of online automated legal documents. All associated intellectual property rights are held by FluentDocs IP Pty Ltd (ACN 620 560 367) (“Smarter Drafter IP”).

Agreement to these Usage Terms

Smarter Drafter is located on the web at https://smarterdrafter.com.au (“Smarter Drafter” or “this site”). By accessing this site, you agree to be bound by these terms of use (“Usage Terms”). These Usage Terms constitute a binding agreement between you and the Company and govern your use of this site. As part of these Usage Terms, your use of this site is also subject to our Privacy PolicyDisclaimer, Subscription Terms and Fair Use Policy, which are incorporated by reference into these Usage Terms. The Company holds the benefit of these Usage Terms and our Disclaimer, Subscription Terms and Fair Use Policy for itself and as agent and trustee for and on behalf of Smarter Drafter IP and accordingly Smarter Drafter IP may enforce the provisions of these Usage Terms and our Disclaimer, Subscription Terms and Fair Use Policy against you directly.

Restrictions on use

You must not:

  • use any device, routine or software that interferes, or attempts to interfere, with the proper working of this site;
  • engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
  • use this site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
  • use this site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
  • use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this site;
  • use this site by any automated means;
  • use this site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
  • access, retrieve or index any portion of this site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
  • interfere with the display of any advertisements appearing on or in connection with this site;
  • reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this site;
  • reproduce, duplicate, copy or store any of the material appearing on this site other than for your own personal and non-commercial use;
  • falsely imply that any other business or website is associated with the Company or this site;
  • do anything that leads, or may lead, to a decrease in the value of the Company’s and/or Smarter Drafter IP’s intellectual property rights in this site;
  • use or exploit any of the material appearing on this site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with the Company;
  • release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to the Company without the Company’s prior written consent; or
  • use this site to transmit any information or material that is, or may reasonably be considered to be:
–  abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
–  libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
–  infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
–  in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
–  in breach of any person’s privacy or publicity rights;
–  a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
–  in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
–  containing any political campaigning material, advertisements or solicitations; or
–  likely to bring the Company or any of its directors or employees into disrepute.

Violations of these Usage Terms

Without limiting any other remedies available to the Company at law or in equity, the Company reserves the right to, without notice:

  • temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide goods or services to you if:
–  you breach any provision of these Usage Terms;
–  the Company is unable to verify or authenticate any information that you provide to us; or
–  the Company believes that your actions may cause damage and/or legal liability to the Company, any of its customers or suppliers or any other person; and
  • remove or block access to any information and/or materials (in whole or in part) that the Company, in its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person’s intellectual property rights or these Usage Terms.
Indemnity

You indemnify and hold harmless the Company and its directors, officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

  • any material or information that you submit, post, transmit or otherwise make available through this site;
  • your use of, or connection to, this site; or
  • your negligence or misconduct, breach of these Usage Terms or violation of any law or the rights of any person.

Orders

Order constitutes offer

By placing an order to purchase any goods or services through this site, you make an irrevocable offer to us to purchase the goods and/or services that you have selected pursuant to these Usage Terms. Information contained on this site constitutes an invitation to treat only. No information on this site constitutes an offer by us to supply any goods or services to you – however, the Company will endeavour to supply your selected goods and/or services to you. We reserve the right in our discretion to:

  • at any time prior to your order being accepted in accordance with these Usage Terms, cancel all or part of your order; and
  • at any time:
–  refuse to provide goods or services to you;
–  terminate your access to this site; and/or
–  remove or edit any content on this site.
Processing of orders

We will not commence processing any order made through this site unless and until:

  • payment for the order has been received by us in full. See below regarding the available payment methods; and
  • the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.
Acceptance of orders

Acceptance of each order for the purchase of any goods or services through this site will take place if and when the Company:

  • in respect of orders for the purchase of goods – sends the requested goods to you, at the time at which the goods are sent by the Company. Title to, and risk in, the goods will pass from the Company to you at that time; and
  • in respect of orders for the purchase of services – notifies you in writing (including by email) that your order has been accepted.

Prices

The Company reserves the right to change the prices for goods/services displayed on this site at any time before you place an order.

GST

Unless otherwise expressly stated, all amounts payable through your use of this site are expressed to be exclusive of GST. If GST is payable on a Taxable Supply, the amount payable for that Taxable Supply will be the amount expressed on this site plus GST. For these purposes, the terms “GST” and “Taxable Supply” have the meanings given to them in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Payments

Payment processor

The Company uses a third party payment processor to process orders made through this website. The processing of payments is additionally subject to the usage terms and policies of the third party payment processor. At present, our primary payment processor is Stripe. We don’t store your payment information on our servers. Stripe collects your payment information and stores it securely on its servers. Stripe’s usage terms and policies are available through the Stripe website (https://stripe.com/au/).

Refunds and other remedies

Except as expressly provided otherwise in these Usage Terms, all amounts paid through this site are non-refundable. Further information on the steps that the Company will take to remedy any breach of any non-excludable condition or warranty is provided below.

Security

While Stripe and our website hosting providers employ secure technology software for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit card is used in a fraudulent or unauthorised manner by any person other than the Company. The Company may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as the Company considers appropriate in its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.

Intellectual property

Copyright

In these Usage Terms, the term “Proprietary Content” means:

  • this site;
  • all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof); and
  • all software, systems and other information owned or used by the Company in connection with the goods and services offered through this site (whether hosted on the same server as this site or otherwise).

All Proprietary Content is the property of Smarter Drafter IP or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Usage Terms or with the prior written consent of the Company or other copyright owner (as applicable). You may download and print out content from this site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.

Trademarks

The name “Smarter Drafter” and the “Smarter Drafter” logo are trademarks of Smarter Drafter IP. The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the service marks, trademarks and/or trade dress of the Company and/or Smarter Drafter IP. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of the Company.

User Content

In these Usage Terms, the term “User Content” means any and all content that is submitted, posted or otherwise added to this site by any user, such as comments, reviews, ratings and feedback. This site contains some features that enable you and other users to upload User Content. The Company reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content in its absolute discretion. In respect of any User Content that you upload, you:

  • represent and warranty to the Company that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and
  • grant to the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way in the Company’s absolute discretion.

Remedies limited

To the maximum extent permitted by law, the Company and its directors, officers, employees, agents, consultants/contractors, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at the Company’s sole discretion):

  • in the case of goods, to:
–  the replacement of the goods or the supply of equivalent goods;
–  the repair of the goods;
–  the payment of the cost of replacing the goods or of acquiring equivalent goods; and/or
–  the payment of the cost of having the goods repaired; and
  • in the case of services, to:
–  the supply of the services again; and/or
–  the payment of the cost of having the services supplied again.

Force majeure

To the maximum extent permitted by law, and without limiting any other provision of these Usage Terms, the Company excludes liability for any delay in performing any of its obligations under these Usage Terms where such delay is caused by circumstances beyond the reasonable control of the Company, and the Company shall be entitled to a reasonable extension of time for the performance of such obligations.

General

Interpretation

In these Usage Terms, the following rules of interpretation apply:

  • headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Usage Terms;
  • these Usage Terms may not be construed adversely against the Company solely because the Company prepared them;
  • the singular includes the plural and vice-versa;
  • a reference to a “person” includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
  • the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions.
Costs

Except as specifically provided in these Usage Terms, each party must bear its own legal, accounting and other costs associated with these Usage Terms.

Assignment

You may not assign, transfer or sub-contract any of your rights or obligations under these Usage Terms without the Company’s prior written consent. The Company may assign, transfer or sub-contract any of its rights or obligations under these Usage Terms at any time without notice to you.

No waiver

Waiver of any power or right under these Usage Terms must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by the Company to act with respect to a breach by you or others does not waive the Company’s right to act with respect to that breach or any subsequent or similar breaches.

Severability

The provisions of these Usage Terms are severable and, if any provision of these Usage Terms is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

Variation

The Company reserves the right to amend these Usage Terms and any other policy on this site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this site will mean you accept those amendments. We reserve the right, without notice and in our sole discretion, to change, suspend, discontinue or impose limits on any aspect of this site, the content on this site or the goods/services offered through this site. You may only vary or amend these Usage Terms by written agreement with the Company.

Governing law and jurisdiction

These Usage Terms will be governed in all respects by the laws of New South Wales, Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and the courts of appeal from them.

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

Definitions and interpretation

In the terms and conditions on this page, 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 ITS 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 its 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 its 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 any of its 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 its 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 its 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 and that no reliance has been placed on any statements of, or information supplied by, the Company; 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.

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

Unlimited number of documents

A subscription entitles your firm to create an unlimited number of documents during your subscription period.

File formats for documents

For Premium and Professional plans, all documents are delivered in both Word and PDF format. We reserve the right to provide documents in PDF format only during trial periods (see below regarding trial periods). For Basic plans, documents are delivered in PDF format only.

Range of documents

Premium and Professional plans give your firm access to all documents types. Basic plans do not receive access to our law firm marketing documents. Subscriptions generally include access to all new documents in those ranges after you join – however, we reserve the right to charge extra for certain new documents and, if so, you will be given the option whether or not to include those new documents in your subscription.

Authorised users

Each plan includes access for a limited number of users as shown on our pricing page from time to time. All users must be employees of your firm. If you wish to give access to any contractors/consultants, you must first obtain our express written permission. Sharing of access with anyone who is not an employee of your firm is strictly prohibited.

Sole practitioners

We may offer discounted pricing for sole practitioners at our discretion. A “sole practitioner” is defined as a law firm with only a single fee-earner – if your firm has any additional fee-earners in any practice areas, including any paralegals or conveyancers, your firm is not eligible for any special sole practitioner pricing.

12-month subscription periods

All subscriptions, whether with monthly or annual billing, involve an initial 12-month commitment and will automatically renew for further 12-month commitment periods. To turn off automatic renewal, you will need to provide us with written notice of cancellation at least 1 calendar month before the renewal date. Unless otherwise expressly agreed, our standard pricing as advertised on our pricing page at the time of renewal will apply to the renewal period.

30-day trial period

All subscriptions include an initial 30-day trial period which, if free, will not be counted toward the 12-month commitment. We reserve the right to provide documents in PDF format only during the trial period. So long as you provide us with written notice of cancellation in accordance with the requirements below, your subscription will be terminated and any payment(s) made during this period will be refunded. If you do not validly cancel prior the end of the 30-day trial period, you will be obliged to complete the first 12 months of your subscription and any amounts already paid will not be refunded. If, however, we choose to provide a refund at our absolute discretion, the transaction fees charged by our payment provider will be deducted from the amount refunded. At present, those transaction fees are equal to 2% of the amount paid. We reserve the right to terminate any unpaid trial at any time at our absolute discretion.

Payment Processing Fees

Payments made by any method other than by Direct Debit (DD) or Electronic Funds Transfer (EFT) (i.e. any payment made by credit or debit card) will attract a fee of 2.25% + GST.  If you wish to avoid this fee, please contact us at accounts@smarterdrafter.com.au and we will advise you on how to switch to DD or EFT.

Requirements for valid cancellation within the trial period

Any cancellations must be notified to us in writing on or before the second-last Business Day of your trial period. For this purpose, “Business Day” means a day when banks in Sydney are open for business – eg, if your trial period ends on a Saturday or Sunday then you would need to notify us on or before the preceding Thursday. Your date of purchase is included within your 30-day free trial, so the last day of your trial period will be the day that is 29 days after your date of purchase.

Copyright

You are only permitted to use any content that you receive through Smarter Drafter while your Smarter Drafter subscription is active. Any use of content created through Smarter Drafter after your subscription has expired will be a breach of copyright and legal action may be taken. This provision on copyright extends to the tens of thousands of variations of each document that the Smarter Drafter system can produce across a huge range of fact scenarios, including prior content that has been superseded by the regular updates made by our Knowledge Management team. See our Fair Use Policy for further information regarding authorised use of our content.

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

Definitions and interpretation

In the terms and conditions on this page:

  • “Intellectual Property Rights” means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, domain names, know-how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application, in all parts of the world;
  • “Permitted Purpose” means the bona fide provision of legal services by you to an existing client of yours in a genuine and currently active matter; “Software” means the Smarter Drafter software owned by Smarter Drafter IP and delivered to you by the Company or used or accessed by you pursuant to these Usage Terms, including all online questionnaires, instructions, manuals, guidance and legal documents and all drafting and content comprised therein;
  • “User Data” means all of the data that you upload into the Software, including all text and other data that you enter into any of the online document creation forms comprised in the Software;
  • “User Documents” means all of the legal documents generated by the Software and delivered or made available to you by the Company (including by email or in other electronic form) through your use of the Software;
  • a reference to our Usage Terms includes a reference to our Privacy Policy, Disclaimer and this Fair Use Policy; 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.

Fair use

YOU MUST USE THE SOFTWARE AND ALL USER DOCUMENTS SOLELY AND EXCLUSIVELY FOR THE PERMITTED PURPOSE. Without limitation to the other requirements of our Usage Terms, you must not:

  • use the Software or any User Documents for any purpose or in any manner other than for the Permitted Purpose in accordance with our Usage Terms;
  • use the Software or any User Documents in any way that could damage the reputation of the Company or the goodwill or Intellectual Property Rights of the Company and Smarter Drafter IP associated with the Software and/or the User Documents;
  • permit any third party to use the Software or any User Documents without our prior written consent;
  • assign, sub-licence or otherwise deal in any other way with any of your rights under our Usage Terms without our prior written consent; disclose your password(s) to any third party;
  • copy, reproduce, translate, adapt, vary or modify the Software or any User Documents or create any derivative works based upon the Software or any Documents, other than pursuant to the license granted to you under the heading “License” on this page below;
  • disassemble, decompile or reverse engineer the Software or attempt to do so;
  • modify or remove any copyright or proprietary notices pertaining to the Software or the User Documents; or
  • engage in conduct that, in the opinion of the Company at its sole and absolute discretion, indicates an intention to misuse and/or misappropriate the Software and/or any content of any User Documents.

License

Software

For the duration of your subscription, the Company hereby grants to you a limited, personal, non-exclusive, non-transferable and non-sublicensable license to use the Software solely and exclusively for the Permitted Purpose, subject to and in accordance with the terms and conditions set out in our Usage Terms.

User Documents

Subject to the provisions under the heading “Ownership of Intellectual Property Rights” below and your continued compliance with all of the provisions of our Usage Terms, the Company hereby grants to you a perpetual license to:

  • keep, use and reproduce all User Documents validly produced by you in accordance with our Usage Terms (and to permit the particular bona fide clients for which the relevant User Documents were first created to do the same); and
  • if you are entitled to receive a User Document in MS Word format, make, or permit to be made, any alteration to that User Document (including any addition to, and/or deletion from, that User Document) without the consent of the Licensor,

provided that such conduct is undertaken solely and exclusively for the Permitted Purpose.

Ownership of Intellectual Property Rights

You acknowledge and agree that:

  • our Usage Terms do not transfer or assign any Intellectual Property Rights to you;
  • your use of this site or any custom branded portal does not transfer or assign any Intellectual Property Rights to you;
  • Smarter Drafter IP owns and retains all Intellectual Property Rights in the Software and you have no Intellectual Property Rights in any part of the Software, including any modifications or enhancements thereof, other than the rights temporarily granted to you pursuant to the license under the heading “License” on this page above; and
  • Smarter Drafter IP owns and retains all Intellectual Property Rights in the User Documents and you have no Intellectual Property Rights or other rights in any part of the User Documents other than:
–  the rights granted to you pursuant to the license under the heading “License” on this page above;
–  in respect of your User Data; and
–  if you are entitled to receive a User Document in MS Word format, any further edits manually processed by you after the User Document has been delivered or made available to you by the Company, provided that such edits are processed for the Permitted Purpose in respect of the particular client for which the relevant User Documents were first created.

Consequences of violation

The Company (for itself and as agent and trustee for and on behalf of Smarter Drafter IP) reserves all of the rights of the Company and Smarter Drafter IP in relation to any breach of our Usage Terms, including any violation of this Fair Use Policy, including the right to seek injunctive relief and the right to sue for damages.  Without limitation to those rights, if the Company finds that you have used the Software other than in accordance with our Usage Terms, the Company reserves the right to, without notice to you:

  • limit your subscription (which, if your subscription would otherwise entitle you to receive User Documents in MS Word format, includes limiting your access to PDF versions only); and/or
  • suspend or terminate your subscription.