Our Terms & Conditions
Please read these terms and conditions carefully before using our Website. These terms and conditions apply to all visits and use of our Website, as well as to the content, information, recommendations, Templates and Services provided on this Website.
By accessing and using the Website, you agree to be bound, without limitation to these terms and conditions and any other terms mentioned in any part of this Website, in addition to any law or regulation that applies to this Website and the Services provided.
If you do not agree to these terms and conditions – please immediately leave this Website.
Definitions & Interpretations
In these terms and conditions, the following words shall have the meaning as provided below, unless otherwise stated:
“Business” means AJR LAWYERS ABN 23 197 323 834 located at Level 1, 299 Elizabeth Street, Sydney NSW 2000;
"Customer" means you, the person who purchases any Template or Service through our Website;
"Force Majeure" means an event which is beyond the reasonable control of a party, which materially affects the performance of any of its obligations under these Terms, and includes:
(a) a physical natural disaster including fire, flood, lightening or earthquake:
(b) war or other state of armed hostilities (whether war is declared or not), insurrection, riot, civil commotion, act of public enemies, national emergency (whether in fact or in law) or declaration of martial law;
(c) internet delay or unavailability;
(d) epidemic or quarantine restriction;
(e) failure of a third party supplier or service provider (including without limitation a third party hosting the Website);
(f) confiscation, nationalisation, requisition, expropriation, prohibition, embargo, restraint or damage to property by or under the order of any government agency;
(g) law taking effect after the date of these Terms; or
(h) strike, lock-out, stoppage, labour dispute or shortage including industrial disputes that are specific to a party or the party’s subcontractors;
"GST" means any tax, levy, charge or impost implemented under the A New Tax System (Goods and Services Tax) Act (GST Act) or an Act of the Parliament of the Commonwealth of Australia substantially in the form of, or which has similar effect to the GST Act;
"Order" means a payment made by the Customer on our Website for Services;
"Price" means the price at which Services are sold on our Website;
"Related Bodies Corporate" has the meaning as provided in section 50 of the Corporations Act, 2001 (Cth);
"Representatives" means directors, officers, employees, agents, contractors, suppliers, legal advisors, financial advisers, Related Entity and Related Bodies Corporate of a party;
"Return and Refund Policy" means the return and refund policy provided in clause 13 of our Terms;
"Services" means the services provided by the Business which are mentioned on our Website, including the Templates which are sold to Customers and all information provided on the Website;
"Templates" means the legal templates which are sold to Customers though our Website;
"Terms" means these terms and conditions of the Business including the Returns and Refund Policy on our Website;
"You", "Your", "you" or "your" means visitors and customers of our Website;
"We", "Us", "Our", "we", "us" or "our" means the Business; and
"Website", "website" or "Site" means www.legalmojo.com.au which is owned and operated by AJR Lawyers.
Unless the contrary intention appears, a reference in these Terms to:
(a) (variations or replacements) a document (including these Terms) includes any variation or replacement of it
(b) (reference to statutes) a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
(c) (law) law means common law (law laid down by courts and other judicial forums), principles of equity, and laws made by parliament (and laws made by parliament include State, Territory and Commonwealth laws and regulations and other instruments under them, and consolidations, amendments, re-enactments or replacements of any of them);
(d) (singular includes plural) the singular includes the plural and vice versa;
(e) (person) the word “person” includes an individual, a firm, a body corporate, a partnership, joint venture, an unincorporated body or association, or any government agency;
(f) (executors, administrators, successors) a particular person includes a reference to the person’s executors, administrators, successors, substitutes (including persons taking by novation) and permitted assigns;
(g) (calculation of time) a period of time dating from a given day or the day of an act or event, is to be calculated exclusive of that day;
(h) (meaning not limited) the words “include” and “including”, when introducing an example, do not limit the meaning of the words to which the example relates to that example or examples of a similar kind;
(i) (time of day) time is a reference to the time at the location where the Business is located; and
(j) (construction) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of these Terms or any part of it;
Headings (including those in brackets at the beginning of paragraphs) are for convenience only and do not affect the interpretation of these Terms.
2. Ownership of Content
This Website and the Templates provided are owned and operated by the Business. All elements of this Website, including and not limited to its design and content are either owned or licensed to us and are protected by intellectual property laws and other laws.
3. Compliance with Law
We are committed to offering Services in compliance with applicable law, including Australian consumer law. Therefore, our Services are provided with the guarantees which cannot be excluded by virtue of these Terms. All Services are thoroughly inspected to ensure it meets the standards required by applicable law. We therefore guarantee the quality of our Services as required by applicable law.
4. Intellectual Property and Restrictions of Use
4.1 Unless expressly authorised by us, law or under these Terms, you may not reproduce, transmit, copy, adapt, modify, display, perform, sell or distribute any content or any part of the content.
4.2 We reserve all rights in relation to the intellectual property of this Website, its content and in the Services provided to you. We reserve our rights to pursue any legal remedy against you or your Representatives for any violation of our intellectual property rights.
5. Legal Capacity to Transact
By accepting these Terms, you acknowledge that you are over the age of eighteen (18) years. If you are under the age eighteen (18) years you cannot place orders with the Business. Should the Business suffer any damage or other losses as a result of a transaction entered into by a minor, the Business reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any orders to be placed with the Business.
Where ever applicable, we have done our best to display as accurately as possible the colours depicting our Services on this Site. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.
7.1 All prices listed on the Site include GST. GST is shown separately in each Order.
7.2 Prices displayed on the Site are subject to change without notice. Once an Order has been accepted by us and a purchase contract has been formed, the price of the Services cannot be varied except by agreement between you and us in writing or by email.
8. Your Specific Circumstances & Specifications
8.1The Templates provided on our Website, have been drafted keeping in mind the general purpose for which a template will be used. But please do understand that we do not know your specific circumstances for which you intend to use the Template, and therefore to that extent we disclaim all liability which may arise due to your specific circumstances. If after purchasing a Template you realise you need to tailor the Template to suit your specific circumstances, then please contact us at email@example.com . We do provide legal services at affordable cost if you need any Template customised to your suit circumstances.
8.2 Features and specifications of the Services described on our Site are subject to change without notice. For avoidance of doubt, we will not materially change the features and specifications of the Services once an Order has been accepted by us and a purchase contract has been formed.
9. Order and Payment
9.1 Each Order the Customer makes will be a separate and binding agreement between the Customer and us with respect to the supply of Services in accordance with these Terms. Orders will be deemed to have been received by the Business at the time the Business sends an Order confirmation to your nominated email address.
9.2 The Business is entirely conducted online and will primarily communicate with Customers via email. It is the Customer’s responsibility to ensure the correct contact details are entered and that the nominated email address is regularly checked for correspondence.
9.3 Once the Business receives payment, you will be emailed an invoice confirming the Order. Some Orders may be subject to fraud checks by the Business. If your nominated payment method triggers our fraud prevention protocols, we may contact you to confirm additional details, or rescind the transaction. In this case, until your Order has passed our fraud prevention protocols your Order will not be processed. If you do not provide the requested information within (7) days, your Order will be cancelled and your payment will be refunded back in the method in which you paid. Fraud prevention protocols exist to help protect credit card holders from online fraud.
9.4 All prices quoted are in Australian Dollars (AUD) and includes GST. The Business is not responsible for any applicable currency conversion rates and charges issued by your bank.
10.1 Our Templates are delivered instantaneously. If the delivery is provided by email, then the Customer should ensure that the correct email address is provided to us. Please be aware, there are inherent risks associated with downloading any digital goods. If any technical problems arise while downloading any of our Templates, please contact us at the earliest, as we will try and assist you with any problems you may have.
10.2 Delivery of Services other than Templates, such as modifications, amendments or drafting of custom Templates will be done in accordance with the timeframe provided by us at the time of undertaking the work for a Customer.
10.3 Title in the Templates passes to the Customer on full payment of the price. Risk due to damage or loss to the Templates passes to the Customer on delivery.
10.4 We try to ensure that all Services are delivered in a prompt and timely manner. However, there are instances when factors outside our control may result in delays. We do not accept any liability for any claims, losses, damages, costs or expenses suffered by anyone as a result of any such delays.
We reserve the right to accept or reject an Order for any reason at any time. If an Order is cancelled, the Customer will be contacted and refunded. You will be provided with an email confirmation of the cancellation and refund. We are not liable to compensate for any losses, costs, expenses or inconvenience caused to you as a result of the cancelled order. All orders are subject to item availability.
12. Change of Mind
Please choose carefully as modification, replacements, store-credit or refunds are not required to be provided as per Australian law, where you have simply changed your mind, made a wrong selection or simply found the Services cheaper elsewhere. We strongly recommend that prior to purchasing any template, you carefully read the description provided on the Website for the template, preview anything added to your shopping cart or contact us in case of any queries you may have in relation to the Templates.
13. Return and Refunds
13.1 Our Services come with guarantees as required by law. Subject to our Returns and Refunds Policy, you are entitled to the following within 14 days of purchase:
(a) For digital goods which are defective:
(i) A modification of the Template, replacement or store credit at the discretion of the Business, for minor defects;
(ii) A refund, replacement or store credit of the Customer's choosing, for major defects.
(b) For Services which are defective:
(i) Re-perform or make good the defective Services or a store credit at the discretion of the Business, for minor
(ii) Refund or re-perform the Services at the Customer's discretion for major defects.
Apart from major defects, Refunds are also provided in accordance with our 100% Money Back Guarantee policy.
Please note, that a Template is not considered to be defective, if it does not cater to your specific circumstances, reason being, we are unaware of your specific circumstances at the time of sale and each Customer has different needs. After purchase, if you want the Template to be tailored to suit your specific needs, then please contact us at firstname.lastname@example.org. All necessary modification or amendments to a Template are offered at reasonable legal costs.
13.2 The Business reserves the right not to provide a free modification or replacement of the template, re-performance of Services, refund or store credit in any situation, if any of the following events have occurred:
(a) The Customer has had a change of mind, made a wrong selection or has found the template cheaper elsewhere;
(b) The Customer has not followed the instructions provided within the Template or misused or damaged the Template; or
(c) Reasonable period of time has lapsed since the Services was purchased which is beyond the period for which Australian consumer law guarantees apply.
13.3 Returns Procedure
If the Customer has to contact us for any minor or major defects in our Templates or Services, then the following conditions need to be met:
(a) You must return the Templates to email@example.com for which you are seeking any free modifications, replacement, store credit, refund or re-performance of the Service. Be sure to include as much information as possible, including any other relevant documentation and where applicable, photographic evidence if required, so that our team can assist you as quickly as possible.
(b) You must include proof of purchase when returning the Templates, as we need a way to identify the return as yours, otherwise there can be major delays in processing your return.
(c) The Templates should not be altered or damaged and after returning the Template to us, all copies of it must be deleted from the Customer’s computer, email and any third party to whom the Template was circulated.
(d) Any bank charges levied on the Customer for purchasing the Templates will not be refunded, as those charges are levied by the bank and not the Business.
(e) After receiving the Template and other relevant documentation from you, we will get in touch with you within (2) business days to let you know our course of action. We will also let you know the timeframe by which we will resolve the issue, which will be reasonably practicable and which depends on whether a free modification, replacement, store credit, refund or re-performance of Service is required. The customer will be issued an email acknowledgement once the return has been processed.
14. Limitation of Liability
14.1 To the fullest extent permitted by law, we and our Representatives will not:
(a) be liable for any claims, losses, costs, damages or expenses, or for any indirect or consequential losses or damages of any kind whatsoever arising and whether caused by our Services, from errors or omissions in our documents or information, from any other use of our Website, including any use of third-party links, content, information or advertisements.
(b) be liable for Orders that are declined, delayed or not accepted due to disruptions with internet connections.
(c) be liable for any failure or delay in performing any of our obligations under these Terms, if such failure or delay is directly or indirectly caused by circumstances beyond the reasonable control of the Business or its Representatives, including Force Majeure Events. Under such circumstances, we shall be entitled to a reasonable extension of time for the duration of the Force Majeure Event and for the performance of such obligations.
(d) be in breach of these Terms or liable for any failure or delay in the performance of its obligations under these Terms, to the extent that such failure or delay is wholly or partially caused, directly or indirectly by any act, omission, negligence or fraud on the Customer or its Representatives part.
(e) if the Services have been purchased through our Website in a fraudulent transaction which remained undetected at the time of providing the Services, then we will not be liable to refund any money paid in such a transaction or for any claims, losses, damages, costs or expenses incurred by anyone as a result of the transaction.
14.2 In relation to any liability which cannot be excluded by law or despite the limitation as provided in clause 14.1 above, if we or our Representatives are found to be liable as a result of providing Services, then to the fullest extent permitted by law, we and our Representatives, limit our maximum aggregate liability under any circumstance to the price of the specific Services in question.
14.3 If any applicable legislation which governs our Business, provides that our liability for providing Services cannot be excluded but can be limited, then our liability, subject to our discretion, will be limited as follows:
(a) in case of digital goods, supplying the goods again, or paying the cost of having the goods supplied to you again; or
(b) in case of Services, supplying the Services again, or paying the cost of having the Services supplied to you again.
15. Exclusion of Liability
To the fullest extent permitted by law, we and our Representatives exclude our liability of any kind whatsoever, in relation to:
(a) the applicability or suitability of the Services, Templates, documents, information or content on our Website since at the time of sale we are unaware of your specific circumstances for which you intend to use the Templates;
(b) the merchantability and fitness of any of our Templates and Services which are provided to a Customer, to the extent it relates to the Customer’s specific circumstances which we are unaware off;
(c) the accuracy of the information, material or content of our Website;
(d) any Services, Templates, documents, information will be free of errors or that defects will be corrected;
(e) the availability or delivery of Services to you;
(f) third-party products or services;
(g) that our Website is current and up-to-date;
(h) that our visitors and Customers will have uninterrupted access to our Website and any Services provided.
To the fullest extent permitted by law, the Customer agrees to indemnify the Business and our Representatives from any claims, liabilities, damages, losses, costs and expenses caused by the Customer or its Representatives as a result of:
(a) a breach of any term or condition of these Terms;
(b) a breach of any law or the rights of a third party;
(c) the unauthorised, improper or unlawful use of this Website or its contents; or
(d) any act, omission, fraud or negligence.
17. Sales and Discounts
All Services on sale or discounted, which are available, are subject to change without notice at the discretion of the Business. The most up-to-date prices will be listed on our Website. If the Website does not mention a discount or a sale for specific Services being bought, then there is no discount applicable. Sales are not valid in conjunction with other coupon codes.
18. Misuse of the Website
You are prohibited from using the Site to post or transmit, any infringing, threatening, false, misleading, inflammatory, libellous, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal material or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. You are also prohibited from using the Site to advertise or perform any commercial solicitation without our written permission.
19. Competition Excluded
19.1 If you are a competitor of our Business or you or your Representatives are attempting to gain knowledge, information or content from our Website, to commence a rival business or to gain a competitive advantage, you must not access this Site.
19.2 If we find that you or your Representatives have obtained knowledge, information or content from our Website or Business for the purposes of competing with us in any way whatsoever, we at our discretion, will seek legal recourse for any claims, losses, damages, costs or expenses we may have to incur as a result of your conduct or for breaching any of these Terms, including for all profits you may have made as a result of your unlawful conduct.
20. Links to Third-Party Sites
Words used in this clause that are defined in the GST law have the meaning given in that legislation.
21.2 Prices are GST inclusive
Unless otherwise specified, all amounts payable for Services are inclusive of GST and have been calculated with regards to GST.
21.3 GST payable on taxable supply, if not included in the price of Services.
(a) If a supply made under this deed is a taxable supply, the recipient of that taxable supply (Recipient) must, in addition to any other consideration which is exclusive of GST, pay to the party making the taxable supply (Supplier) the amount of GST in respect of the supply.
(b)The Recipient will only be required to pay an amount of GST to the Supplier if and when the Supplier provides a valid tax invoice to the Recipient in respect of the taxable supply.
22. Changes to the Terms
23. Binding Nature
These Terms will be binding upon each party hereto and its successors and permitted assigns and governed by and construed in accordance with the laws of the State of NSW, Australia without reference to conflict of law principles.
24.1 These Terms will not be assignable or transferable by you without the prior written consent of the Business.
24.2 These Terms may be assigned or novated by the Business to a third-party without your consent. In the event of any assignment or novation, you will continue to be bound by these Terms.
25. Entire Agreement
These Terms and such other policies mentioned in these Terms, contain the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter.
If any Terms or part of these Terms, become void, it will not affect the validity and enforceability of the remaining provisions. The void part will be removed or read down in such a manner, so as to not affect the validity and enforceability of the remaining provisions.
27. Force Majeure
The Business and its Representatives shall not be liable for any failure or delay in performing any of its obligations under these Terms, if such failure or delay is caused by circumstances beyond the reasonable control of the Business, including Force Majeure Events. The Business shall be entitled to a reasonable extension of time for the performance of such obligations.
28. No Waiver
No failure or delay by a party in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
29.1 Except as stated otherwise, any notices must be given by registered ordinary post or by email to the contact details provided on our Website.
29.2 Notice shall be deemed to be given:
(a) if sent by email, 24 hours after the email is sent, unless the sender is notified that the email address is invalid or the email is undeliverable; or
(b) if sent within Australia by pre-paid post, three business days after the date of posting, or on the seventh business day after the date of posting, if sent to or posted from outside Australia.
30.1 All Services provided to you through our Website and the Business are provided on an independent contractor basis.
30.2 No agency, partnership, joint-venture, employee-employer or other similar relationship is intended or created by these Terms or by providing any Services to you. In particular, you do not have any authority to bind us or our Representatives in any way whatsoever.
30.3 Any third-party services that may be promoted on our Website are provided solely by such third-party provider.
30.4 No Representatives of the Business have the authority to vary the Terms governing any sale.
31. Governing Law
These Terms shall be governed by and construed in accordance with the laws of NSW and shall be subject to the non-exclusive jurisdiction of the courts of NSW to decide on any disputes arising out of or in connection with these Terms.