Usage Terms

Usage Terms2018-04-25T19:57:40+00:00

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.

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 and Fair Use Policy, which are incorporated by reference into these Usage Terms.

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 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

PayPal secure payment gateway

The Company uses the third party PayPal payment gateway provided by PayPal Australia Pty Limited (ABN 93 111 195 389) for its secure online payment transactions.  Payments made through PayPal are subject to PayPal’s own terms and conditions and privacy policy, links to which are provided from the PayPal checkout pages.  For more information about PayPal, see the PayPal website (http://www.paypal.com.au).

We do not see or have access to any bank account, credit card or other personal information that you may provide to PayPal, other than your name, billing address and email address, which are required by PayPal in order to process and deliver your purchased items to you.

Credit and debit card payments

It is not necessary to have a PayPal account in order to make a purchase on this site. PayPal accepts all major credit and debit cards.  Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. The Company does not charge additional transaction fees for paying by credit card.

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 PayPal 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 the Company 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”, the “Smarter Drafter” logo and the phrase “Built for you from the ground up” are trademarks of the Company.  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.  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.