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ALN Website and End of Life Plan
User Agreement

The ALN Website and End of Life Plan User Agreement is part of Our Terms of Use

1 This Agreement

This Agreement is binding on all persons that use the ALN Website and End of Life Plan (EOLP).

By using the EOLP (from when You start your EOLP plan online) You acknowledge that You have read and understood these Terms and Conditions. You are deemed to have agreed to these Terms when You use the “EOLP”.

This agreement commences on the date when You start your EOLP online and continues until terminated in accordance with the provisions of this Agreement.

The holding company for Australian Lawyers Network is Digital Tuna Corporation Pty Ltd (ABN 44 151 685 871).

These Terms and Conditions were updated on Monday, 23 September 2019.

2 Preliminary

2.1 If You do not agree to the terms and conditions of this Agreement, You must not accept this Agreement and must not use Our website or Services.

2.2 This Agreement is formed between You and ALN ("We", "Us" and "Our") when You start an EOLP via the ALN Website.

2.3 We reserve the right to make changes to this Agreement from time to time at Our sole discretion. By continuing to use the Website and the EOLP, You agree to be bound by the changes. You should regularly check this Agreement to make sure You are familiar with the most current version.

2.4 If You are a direct competitor of Ours or provide a similar service to Ours, You must not access the Services, without Our prior written consent.

2.5 If You are accessing the Services for the purposes of monitoring their availability, performance or functionality, or any other benchmarking or competitive purpose, You must not access the Services, without Our prior written consent.

3 Definitions

3.1 In this Agreement:

a) “Agreement” means these Terms and Conditions.

b) “Australian Lawyers Network” and “ALN” (“We”, “Us”, “Our”) – The trading name Australian Lawyers Network and it’s holding company Digital Tuna Corporation Pty Ltd (ABN 44 151 685 871).

c) “Confidential information” means all information exchanges between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information that is, or becomes publicly available other than through unauthorised disclosure by the other party.

d) “Intellectual Property Right” means any patent, trademark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world wherever registered.

e) “Service” or “Services’ means all information, products, resources, features and online services made available (as may be changed or updated from time to time) by ALN and it’s Website.

f) “Website’ means the Internet Site at the domain www.AustralianLawyersNetwork.com.au or www.AustralianLawyersNetwork.com or any other operated by Digital Tuna Corporation.

g) “You” or “Your” means the person who uses the ALN Website and Services, and where the context permits, includes any entity on whose behalf that person registers to use the Service, and any person or organisations that uses the Service with or without authorisation of that person or entity, “Your” has a corresponding meaning.

h) “Your Data" means all information, data, text, logos, images, documents and/or content inputted by You or with Your authority that forms part of Your EOLP data file structure.

i) “Client Enquiry” – all information, online tools and templates that You authorise to be forwarded to a lawyer you have selected via the ALN website, to seek their services for preparation of legal documents, on your behalf.

j) “ALN Lawyer”, “lawyer” or “law firm” is a registered legal practitioner that you select to receive Your Client Enquiry via the ALN website;

k) “Fee” or “Fees” means a fee payable by You in accordance these Term and Conditions.

3 Your use of the End of Life Plan

3.1 Anyone who uses Our Services, is referred to in this Agreement as "You" and "Your".

3.2 By using the ALN Website and any associated Services and functionality; You acknowledge and agree to be bound by these terms and conditions ("Agreement").

3.3 To use the ALN End of Life Plan You represent and warrant that:

(a) You are at least eighteen (18) years of age; and

(c) You will use the Website and Service in accordance with this Agreement.

4 Not a Lawyer Referral Service, No Legal Advice and No Lawyer-Client Relationship

4.1 The ALN operates online technology-based services and tools and legal directory services. The Website is not a lawyer referral service.

4.2 The Website is not a lawyer or law firm and does not provide legal advice.

4.3 This Website is not intended to be, nor should it be relied on as, a substitute for legal or other professional advice.

4.4 Your use of the Website and Our Services is not intended to create, nor does it create, a lawyer-client relationship between You and an “ALN lawyer” or Us. A Client Enquiry directed to a lawyer from the ALN website is non-exclusive, and non-binding on You and the lawyer.

4.5 If You authorise Us to forward your EOLP to a lawyer selected by You, we make no representation that the lawyer will respond to Your “Client Enquiry” or enter into an agreement with You for their legal services;

4.6 A lawyer-client relationship (also known as a solicitor-client relationship or attorney-client relationship) between an “ALN Lawyer” and You must be agreed in writing between You and the lawyer directly.

5 EOLP User obligations

5.1 When You use the EOLP you must provide Us with personal information, including, but not limited to, Your name, contact details and email address and other personal information required for end of life related legal documents.

5.2 If You use the EOLP, You acknowledge that You are responsible for protecting access to Your EOLP, by using reasonable security practices on Your computer device/s, such as virus protection software, up to date web browser, strong passwords, and multi-factor or biometric authentication.

5.3 When You authorise Us to forward your EOLP to a lawyer as a “Client Enquiry”, You are consenting to Us sharing the personal information contained in Your EOLP with the lawyer selected by You. This may mean that others in the law firm will access Your Information to read and respond to You and to enter into a Client – Lawyer directly with You or to deliver legal services.

6 Your Use of Our Website and Services

6.1 The only authorised access point to the Website is via https//www.AustralianLawyersNetwork.com.au or www.AustralianLawyersNetwork.com

6.2 You agree to use the Website and Services only for purposes that are permitted by:

(a) this Agreement; and

(b) any applicable law or regulation.

6.3 You must NOT (or attempt to):

(a) access any part of the Website or Our Services, by any means other than through the interface provided by Us;

(b) use any robot, spider, scraper or other automated means to access the Website or Services for any purpose without Our express written permission;

(c) engage in any activity that interferes with or disrupts the Website, servers and networks that host the Website or Services;

(d) interfere with security-related features of the Website or Services, that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content on the Website or Services;

(e) use, copy, or distribute content except as permitted by this Agreement, by law or with Our prior written consent;

(f) use the Website or Services to upload, transmit or otherwise contribute content that infringes on another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations;

(g) use the Website or Services to upload or publish any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains malware, or is otherwise objectionable as reasonably determined by Us;

(h) use the Website or Services for any fraudulent or inappropriate purpose;

(i) use browser plugins or third-party services to block or circumvent advertisements displayed on the Website or Services;

(j) use the Website or Services to send unsolicited or spam messages to any third-party;

(k) use the Website or Services to impersonate another user or person;

(m) use the Website or Services for any purpose, other than as strictly permitted under this Agreement.

6.4 You understand and agree that if You engage in any suspected fraudulent, abusive or illegal activity We may, at Our discretion, provide Your details and details of Your conduct to law enforcement authorities without Your knowledge or consent.

7 Changes to the Website or Services

7.1 We reserve the right to change the Website and Our Services, at any time. We do not guarantee that You will be able to access the Website or Services in the same way or with the same technology that You used before the change.

8 Termination of Use

8.1 We may stop (temporarily or permanently) Your access to Our Website and Services at Our sole discretion without prior notice or explanation to You.

8.2 We will not be liable to You or any third-party in the event of Us taking action under clauses 8.1.

9 Information from Us

9.1 You understand and agree that except where required by law, We are not responsible for inaccuracies or errors caused by incorrect information supplied to Us.

9.2 You agree to make Your own enquiries to verify the accuracy and/or suitability of any information contained on the Website or Services from Us.

10 Fees

10.1 There is no cost to You to use the EOLP. However, we reserve the right to apply a fee for other related services.

10.2 Any fees will be payable online by credit card at the time of request or use of the Service.

10.3 Fees are in Australian Dollars (AUD) and include 10% GST.

10.4 You must acknowledge the right of ALN to adjust Fees – without prior notice.

11 Disclaimer and Liability

11.1 We do not warrant that the Website or Services You receive from ALN, will always be available or that it will be provided without fault or disruption.

11.2 We aim to keep the content as accurate, useful and error-free as possible, however, except where We are not permitted to do so by law, We exclude all liability to You or anyone else for loss or damage of any kind or nature relating in any way resulting from Your use of, or reliance upon, information contained on the Website or Services including, but not limited to, loss or damage You might suffer as a result of:

(a) errors, omissions or inaccuracies on the Website or Services;

(b) You acting or not acting, on any information contained on or referred to on the Website and/or any linked Website or Services;

(c) personal injury or property damage of any nature resulting from Your access to or use of the Website or Services;

(d) any unauthorised access to or use of Our secure servers and/or personal data and/or financial information stored on those servers;

(e) any interruption or cessation of transmission to or from the Website or Our Services;

(f) any malware which may be transmitted to or through our Website or Services; and/or

(g) the quality of any product or service of any linked website.

11.3 Where liability cannot be excluded, any liability incurred by Us in relation to the use of this Website or Services is limited by the Competition and Consumer Act 2010 (Cth).

11.4 We will never be liable for any indirect, incidental, special or consequential loss arising out of the use of the Website or Services, including loss of business profits even if You tell us of the extent of potential loss or damage before using the Website or Service.

12 Indemnity

12.1 You understand and acknowledge that You, as a user of this Website or Service, are responsible, and are personally liable for, any content that You contribute and actions that You perform on this Website or Service. You will at all times indemnify, and keep indemnified, Us, Our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by Us arising from any claim, demand, suit, action or proceeding by any person against Us where such loss or liability arose out of, in connection with or in respect of Your conduct or breach of this Agreement.

13 Intellectual Property

13.1 We reserve all intellectual property rights, including but not limited to, copyright in content and/or services provided by Us. Nothing in this Agreement gives You a right to use any of Our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.

13.2 You may NOT:

(a) modify or copy the layout or appearance of the Website or Service or any computer software or code contained in the Website or Service; and/or

(b) decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website or Service or any content appearing on the Website or Service.

13.3 We respect the intellectual property of others. Trademarks used on the Website that belong to third parties remain the intellectual property of the respective owner. It is Our policy to respond promptly to claims of intellectual property infringement. Intellectual property rights holders alleging an infringement of their intellectual property rights must email support@australianlawyersnetwork.com with particulars of their allegation together with supporting information showing their rights to, or ownership of, the IP being infringed.

13.4 If You contribute content to the Website or communicate or correspond with Us, You automatically grant to Us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide licence to use, copy, display and distribute the content and/or any part of Your correspondence or communication (the "Material") and to prepare derivative works of the Material or incorporate the Material into other works in order to publish or promote the Website or its content. This may include, but is not limited to, publishing testimonials on the Website, promoting the Website through means other than the Website (whether or not those means have been invented or are to be invented in the future) and developing Your ideas and suggestions for improved products or services we provide. Where We use your material, You acknowledge and agree that You are not entitled to be paid a fee, royalty or any other form of consideration by Us for doing so.

14 Variation

14.1 We may change the terms of this Agreement at our discretion. Where such change adversely affects your material rights, you may terminate this agreement by giving Us notice in writing to the email address above.

14.2 The current Agreement will be available on the Website. By continuing to use the Website and Our Services you acknowledge and accept the terms of this Agreement as amended from time to time. The Agreement is in no way limited or altered by any other terms or conditions on this Website. Where there is an inconsistency between this Agreement, our any policies or rules, they shall be interpreted and take priority in that sequence.

15 Transfer and Assignment

15.1 You agree and acknowledge that, if We merge, sell or otherwise change control of Our company or sell, lease, licence or otherwise transfer control of the Website to a third-party:

(a) We may without giving notice or seeking prior consent from You, disclose Your personal information and other data we may have collected from You to the third-party; and

(b) We are entitled to assign the obligations and benefits of any agreements We may have with you to the third-party.

16 Dispute Resolution

16.1 No Proceedings - A Party must not start court proceedings (except proceedings seeking interlocutory relief) in respect of a dispute arising out of this Agreement ("Dispute") unless it has complied with this Clause.

16.2 Notification of Dispute - A Party claiming that a Dispute has arisen must notify the other Party to the Dispute giving written details of the Dispute.

16.3 Best Efforts to Resolve Dispute - During the ten (10) day period after a notice is given under Clause 16.2 (or longer period unanimously agreed in writing by the Parties to the Dispute) ("Initial Period") each Party to the Dispute ("Disputant") must meet in good faith and use their best efforts to resolve the Dispute.

16.4 Termination of Dispute Resolution Process - After the Initial Period, a Disputant that has complied with Clause 16.3 may terminate the dispute resolution process by giving written notice to the other Disputant.

16.5 Breach of this Clause - If in relation to a Dispute, a Disputant breaches any provision of this Clause 16, the other Disputant need not comply with Clauses 16.2 to 16.7 in relation to that Dispute.

16.6 Appointment of Experts - Should the Parties opt for a mediation session in effort to settle the Dispute, an independent mediator may be appointed. If the Parties cannot agree on a mediator, then either Party may request that an independent practising barrister or solicitor having at least five (5) years current and continuous standing be appointed to resolve the dispute.

16.7 Variation of Process - The Disputants may agree to vary the dispute resolution procedure as outlined above if they all agree in writing.

17 General

17.1 We will not be liable for any delay in performing any of Our obligations under this Agreement, if such delay is caused by circumstances beyond Our reasonable control.

17.2 This Agreement will be governed by and interpreted in accordance with the laws of New South Wales, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts and tribunals of New South Wales, Australia and to those courts entitled to review their decisions.

17.3 If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severed from this Agreement and will not affect the validity and enforceability of the remaining provisions.

17.4 If We do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any right or provision under this Agreement will only be effective if it is in writing and signed by Us.

Last updated: 13 September 2019