Last Reviewed June 2015
Thank you for using our products and services, including our company incorporation system, legal document generation, and corporate compliance platform (“Services”). The Services are provided by EvolutionLive Pty Ltd (ACN 606 117 033) As Trustee For The EvolutionLive Unit Trust (ABN 36 658 947 100), Level 3, 100 Harris Street, Pyrmont NSW 2009, through the website www.evolutionlive.com.au.
These terms and conditions apply to the use of this website including the purchase of services.
By using the Service, you agree to be legally bound and to abide by the Terms of Service, just as if you had signed this Agreement. If you do not comply and/or continue to comply with the Terms of Service, EvolutionLive may terminate your right to access the service.
1. Definitions and interpretation1.1. In these terms and conditions:
(a) EvolutionLive means EvolutionLive Pty Ltd (ACN 606 117 033), its agents, officers, successors and advisers (including our law firm Henry Davis York Lawyers (ABN 94 516 079 651) and ‘we’, ‘our’ and ‘us’ have a corresponding meaning;
(b) default interest means interest on amounts owing calculated at The rate of interest set from time to time determined by adding a margin of 4.50% to the Reserve Bank of Australia’s “Cash Rate” as published on the Reserve Bank website;
(c) document means a document you order which is generated by our service;
(d) lawyer means an Australian legal practitioner as defined under the Legal Profession Act 2004 (NSW) or under any corresponding law in any other jurisdiction;
(e) master documents means the master documents on which the documents you order are based, depending on the information you provide when using our service;
(f) product means a document or other service which you order using our service;
(g) professional adviser means a lawyer concerning whether a document or product is appropriate or suits your needs or its legal, taxation and commercial implications, a registered tax agent concerning a document’s or a product’s accounting and taxation implications or a licensed financial planner concerning a document’s or a product’s financial planning implications;
(h) service includes our website, the interface, user system, and document merging engine and the menu of legal documents you order, and the services which we provide to you which are ancillary to these services, including telephone, email or online chat helplines;
(i) you means the person using our service, including a person using our service as agent of another person in which case ‘you’ means the agent or the agent’s principal, or both the agent and the agent’s principal;
1.2. the singular includes the plural and vice versa; and
1.3. a reference to currency is a reference to Australian dollars.
1.4. You agree that each of these definitions has the same meaning wherever they appear on our website.
2. Terms2.1. If you use our service in any way, you will do so on the basis of the disclaimers on the relevant pages and the following terms and conditions as they apply at the time. Please read them carefully. At the end of these terms and conditions, you will be given the choice of accepting or rejecting the terms and conditions. If you accept them, you may use our service, including to order a product. If you reject them, you will not be able to use our service in that way. When you place your order for any product, you agree to have read the relevant terms and conditions carefully.
3. Licence to use3.1. EvolutionLive agrees to provide you with a licence to order products from our service on the condition that you accept these terms and conditions and pay our fees in the way required. The licence is not exclusive and is not transferable. The licence begins on the day you use our service, and ends in accordance with these terms and conditions (see below).
4. Acknowledgements4.1. EvolutionLive agrees that:
(a) it has taken all reasonable steps to engage a lawyer both to prepare the master documents, to ensure that they are accurate and appropriate for the type of document you order, and to provide all information, commentary, advice and other documents (including sample letters), subject to these terms and conditions;
(b) all your personal and billing information that is identifiable to you will be kept confidential, and will be protected by security identification particulars. We will not disclose that information (in a way that makes the information identifiable to you) to anyone else without your consent unless required to do so by law; and
(c) the products you order through our service will, if relevant, be delivered electronically to you on the earlier of when you download them or when you click to have us send them to you by email to the email address you have nominated.
5. Limitations on use5.1. EvolutionLive agrees that you will have a licence to use the products that you order using our service.
5.2. In relation to your use of our service and the products you order, you agree that:
(a) you must not use any part of the documents in connection with creating another document;
(b) you must not use any part of the products for any purpose except the specific purpose for which they were ordered;
(c) you must not copy any part of the documents for any purpose except in relation to the transaction for which they were ordered;
(d) you must not modify the products in any way after they are sent to you;
(e) you must not interfere with, alter or attempt to copy or reproduce any part of our service or the products you order while using them;
(f) you must not incorporate any part of our service in any other program, system or document creation package; and
(g) you must not represent that the documents ordered using our service were created by your own resources, or those of a third party (other than our resources or those of anyone else who signs-off and endorses for us the master documents from which your documents are generated).
6. No legal advice6.1. You agree that:
(a) we cannot, and do not, give you legal advice;
(b) the company that owns and operates www.evolutionlive.com.au (EvolutionLive Pty Ltd) is not a law firm;
(c) our service provides information to help you answer the questions and to order a product and that that information is information only, not advice;
(d) we can not and do not warrant that a product you decide to order is appropriate or suits your needs;
(e) we can not and do not warrant that your use of our service is appropriate or suits your needs;
(f) the legal, commercial and taxation effects of a product vary and a product’s suitability will therefore vary according to particular circumstances;
(g) only you know the purpose for which you intend to apply a product you order and that we are not responsible for the choice you make regarding the product that you order;
(h) you must consult with a lawyer (not EvolutionLive) for advice concerning the suitability of a product you order using our service;
(i) the master documents are general only and prepared by the law firm Henry Davis York Lawyers (ABN 94 516 079 651) not EvolutionLive Pty Ltd, and that EvolutionLive does not endorse and disclaims responsibility for them;
(j) EvolutionLive does not provide the information, commentary, advice and other documents (including sample letters) which appear on our website; and
(k) EvolutionLive disclaims responsibility for the information, commentary, advice and other documents (including sample letters) referred to in paragraph 6(j).
7. Generated documents depends on your answers7.1. You agree that:
(a) certain information and particular clauses from the master documents are included in the documents you order as a result of the answers you provide to questions you answer when using our service;
(b) certain information is included in the products you order as a result of the answers you provide to questions you answer when using our service;
(c) you are fully and solely responsible for the information included in a product as a result of the answers you give to the questions; and
(d) we are not responsible for any mistake that you make in understanding the questions or how to answer them.
8. Indemnity8.1. You agree that you indemnify us in relation to any cost, loss, liability, or damage that any of you, your client, or a third party suffers:
(a) because the product you order is not suitable for its intended purpose or does not suit the relevant circumstances;
(b) because you fail to obtain formal advice from a professional adviser concerning whether the product you choose is suitable for its intended purpose or is suitable for particular circumstances;
(c) because of the answers you provide to questions asked of you when using our service;
(d) because you do not answer all questions completely and accurately;
(e) because you modify the products after they are provided to you; or
(f) because you breach these terms and conditions in some other way.
8.2. You agree that you continually indemnify us against any cost, loss, liability, or damage that we incur as a result of your use of our service.
9. Our partners9.1. EvolutionLive may promote to you, or refer you to, products or services of a third party (Partner).
9.2. When you use a Partner’s website, or services available from that website:
(a) EvolutionLive is not responsible for those services or any information or hyperlinks contained on that website;
(b) EvolutionLive provides access to those services for convenience only and does not endorse the Partner or the services available from that Partner’s website;
(c) you access that website, and services available from that website,at your own risk;
(d) it is for you to decide whether you will, or should, rely on the Partner’s services; and
(e) you agree with EvolutionLive that you acknowledge the disclaimers made by that Partner and that you will comply with any separate terms and conditions which the Partner applies, and requires you to consent to, in respect of those services.
10. Website contents10.1. You agree that:
(a) each time you order a product from us you agree to the then current version of these terms and conditions — when you place your order, we show you the current version and, to order, you must click to accept that version;
(b) we do not warrant the accuracy or appropriateness of the contents of our website;
(c) the legal information and commentary on our website is general only and that EvolutionLive does not endorse it and disclaims responsibility for it;
(d) our website may contain hyperlinks and pointers to other websites and that we are not responsible for any information or other hyperlinks contained in these websites;
(e) we provide the hyperlinks and pointers to you simply for your convenience and we are not endorsing any of them;
(f) you access these other websites at your own risk; and
(g) it is for you to decide whether these other websites should be relied on.
11. Limited liability11.1. You agree that if we are prohibited by law from excluding all implied warranties and conditions, then our liability will be limited to, at our option:
(a) replacing the document you used our service to order;
(b) supply of some equivalent document;
(c) amendment of the document; or
(d) the payment of the cost of such replacement, supply or amendment.
11.2. You agree that:
(a) to the extent that we are not prohibited by law from limiting our liability, then our liability is limited in the same manner as provided under clause 11.1, including in respect of any liability that arises as a consequence of our negligence;
(b) our liability to you for any matter related to the subject matter of these terms and conditions will not include any special, indirect, incidental or consequential damages or loss of profits and will not exceed the cost to you for the particular transaction which has caused you the loss or damage; and
(c) we are not responsible in any way for any liability, loss, damage or expense that arises directly or indirectly from a problem that occurs by any virus infecting our service.
11.3. We do not warrant that the operation of our service will be uninterrupted or that our service is virus free or error free.
12. Intellectual property12.1. You agree that:
(a) we remain the owner of all of our interest in the intellectual property and know-how that resides in the documents and our service;
(b) you are licensed to use our service for the sole purpose of ordering documents; and
(c) you get no property right whatever in relation to our service, and no ownership in the copyright of the documents that you order.
13. Recovery for breach13.1. If we discover that we have lost revenue through your misuse of our service or your breach of these terms and conditions, then you agree that we may recover from you each of the following:
(a) the revenue we have lost;
(b) our costs of discovering our loss and the extent of it;
(c) our costs of recovering the revenue; and
(d) default interest on any amount owing under this clause.
13.2. Also, if we can show that we have lost revenue through your misuse of our service or breach of these terms and conditions, then you agree that we have the right to audit your operations (at your cost) to determine the extent of our loss.
13.3. Clause 13 do not limit in any way the recovery by EvolutionLive of all other amounts from you which are recoverable at law in respect of any breach of these terms and conditions by you.
14. Licence (end)14.1. You agree that:
(a) the licence to you is limited to the creation of the documents for which you have paid and that once those documents have been ordered, the licence ends;
(b) your licence will also end if you breach any material obligations contained in these terms and conditions; and
(c) if you breach any material obligation contained in these terms and conditions, then we may deny you any further access to our service.
15. Payments15.1. Our standard arrangement is for you to pay us online by credit card through an online payment system set up through our website.
15.2. At the time you place an order through our website to apply for any government registration etc. (for example, a company registration application), we electronically provide you with our invoice for any government fees etc. that we pay (or arrange to be paid) on your behalf as part of lodging your application. You must pay us the amount of those government fees etc. at the time of lodgement of your order.
15.3. If you do not make payments at the time of lodgement of your order, then we may — at our absolute discretion, and without giving you notice — do any one or more of the following:
(a) suspend or terminate the order;
(b) use amounts you pay us to pay-off any amount you owe at our choice — for example, we may first pay-off any amount you owe us in respect of government fees we have paid;
(c) set our system so that you no longer have access to document packages you have ordered from us in the past (regardless of whether you have paid for them);
(d) charge default interest on any amount you owe us.
16. Refunds, returns, exchanges16.1.You agree that because of the nature of our products, we are most unlikely to allow any refunds, returns, or exchanges and that we provide refunds at our absolute discretion, in exceptional circumstances.
16.2.You agree that to apply for a refund, a return, or an exchange, you must write to us setting out:
(a) the intended purpose to which the documents were to be applied;
(b) the identity and contact details of the person for whom you purchased the product (we may contact that person to discuss, and request copies of, the documents you have provided to them);
(c) the reasons that you want a return, a refund, or an exchange;
(d) copies of the materials or documents you have provided to that person in place of the EvolutionLive product in relation to which you now want a refund, a return, or an exchange; and
(e) any other information or materials we ask for that we believe is relevant to our decision.
17. Jurisdiction17.1. These terms and conditions are governed by and are to be read and interpreted according to the laws of the State of New South Wales. Each of EvolutionLive and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts in that jurisdiction. You may not argue, on the basis of the doctrine of forum non conveniens or any other basis, that the courts of that jurisdiction should not exercise jurisdiction.
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