These Terms are between you and Maurice Blackburn Pty Limited ACN 105 657 949 (MBL).
These are the terms on which MBL permits Users (referred to as you or your) to:
(a) access and use the MyLife solution including the website at https://www.mauriceblackburn.com.au/mylifedocuments/ (website), Products (as defined below) and functionality made available through the MyLife solution (Service);
(b) purchase products (including any Legal Services, as defined in clause 4 below) which are offered by MBL or otherwise available for purchase on the Service from time to time (Products);
(c) view and interact with any content, Information, communications, advice, text or other material provided by MBL or its Affiliates (Service Content);
(d) upload content, including Information, content, text or other material to the Service (User Content); and
(e) communicate with MBL.
You agree to be bound by these Terms when you use, browse or access any part of the Service.
MBL may from time to time review and update these Terms including to take account of new Laws, products or technology. Your use of the Service will be governed by the most recent Terms posted on the Service and provided to you via the Service. By continuing to use the Service, you agree to be bound by the most recent Terms.
1. Definitions and Interpretation
Account has the meaning set out in clause 2.1;
Affiliate means any entity which directly or indirectly controls, is controlled by, or is under common control with the subject entity. Control, for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity;
Business Day means a day that is not a Saturday, Sunday, public holiday or bank holiday in Melbourne, Victoria, Australia;
Claim includes a claim, notice, demand, action, proceeding, litigation, prosecution, arbitration, investigation, judgment, award or loss, whether based in contract, civil, common law, tort (including negligence) or statute and whether involving a Party, Third Party or otherwise;
Confidential Information means:
(a) the terms of this Agreement including Information submitted or disclosed by either Party during negotiations, discussions and meetings relating to this Agreement, including the request for tender process relating to this Agreement;
(b) Information that at the time of disclosure by a Disclosing Party is identified to the Receiving Party as being confidential; and
(c) all other Information belonging or relating to a Disclosing Party, or any Affiliate of that Disclosing Party, that is not generally available to the public at the time of disclosure other than by reason of a breach of this Agreement or which the Receiving Party knows, or ought reasonably to be expected to know, is confidential to that Disclosing Party or any Affiliate of that Disclosing Party;
Corporations Act means the Corporations Act 2001 (Cth);
Data means all of the data and Information which is stored in, processed by or retrievable from the Service;
Disclosing Party means the Party to whom Information belongs or relates;
Fees mean the fees payable for the provision of Products, as set out in the Service;
Government Agency means any government or any public, statutory, governmental (including a local government), semi-governmental or judicial body, entity, department or authority and includes any self-regulatory organisation established under statute;
Information means any information, whether oral, graphic, electronic, written or in any other form, including:
(a) forms, memoranda, letters, specifications, processes, procedures, statements, formulae, technology, inventions, trade secrets, research and development information, know-how, designs, plans, photographs, microfiche, business records, notes, accounting procedures or financial information, sales and marketing information, names and details of customers, suppliers and agents, employee details, reports, drawings and data;
(b) copies and extracts made of or from that information and data, whether translated from the original form, recompiled, partially copied, modified, updated or otherwise altered; and
(c) samples or specimens disclosed by either Party;
Intellectual Property Rights means all present and future intellectual and industrial property rights conferred by statute, at common law or in equity and wherever existing, including:
(a) patents, inventions, designs, copyright, trade marks, brand names, product names, domain names, database rights, rights in circuit layouts, plant breeder's rights, know how, trade secrets and any other rights subsisting in the results of intellectual effort in any field, whether or not registered or capable of registration;
(b) any application or right to apply for registration of any of these rights;
(c) any registration of any of those rights or any registration of any application referred to in paragraph (b); and
(d) all renewals, divisions and extensions of these rights;
Law means in any jurisdiction that is applicable to these Terms:
(a) any statute, regulation, by-law, ordinance or subordinate legislation in force from time to time to which a Party is subject;
(b) the common law and the law of equity as applicable to the Parties from time to time;
(c) any binding court order, judgement or decree;
(d) any applicable regulation, industry code, policy or standard enforceable by law; or
(e) any applicable direction, policy, rule or order that is binding on a Party and that is made or given by any Government Agency having jurisdiction over a Party or any of that Party's assets, resources or business;
Legal Services has the meaning set out in clause 4;
Loss means any loss, damage, cost or expense;
Party means you or MBL;
Personal Information has the meaning given in the relevant Privacy Law;
Privacy Law means any applicable Law, statute, regulation, ordinance, code, standard or requirements of any government, governmental or semi-governmental body which relates to privacy, including without limitation the Privacy Act 1988 (Cth) and the Australian Privacy Principles, the Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth);
Receiving Party means the Party to whom Information is disclosed or who possesses or otherwise acquires Information belonging or relating to a Disclosing Party;
Terms means these agreed terms;
Third Party means any party other than you or MBL; and
User has the meaning set out in clause 2.1.
In this Agreement, unless the context requires otherwise:
(a) the singular includes the plural and vice versa;
(b) a gender includes the other genders;
(c) the headings are used for convenience only and do not affect the interpretation of this Agreement;
(d) other grammatical forms of defined words or expressions have corresponding meanings;
(e) a reference to a document includes the document as modified from time to time and any document replacing it;
(f) a reference to a party is to a party to this Agreement and a reference to a party to a document includes the party's executors, administrators, successors and permitted assigns and substitutes;
(g) if something is to be or may be done on a day that is not a Business Day then it must be done on the next Business Day;
(h) the word "person" includes a natural person, partnership, body corporate, association, governmental or local authority, agency and any other body or entity whether incorporated or not;
(i) the word "month" means calendar month and the word "year" means 12 months;
(j) the words "in writing" include any communication sent by letter, facsimile transmission or email or any other form of communication capable of being read by the recipient;
(k) a reference to a thing includes a part of that thing;
(l) a reference to all or any part of a statute, rule, regulation or ordinance (statute) includes that statute as amended, consolidated, re‑enacted or replaced from time to time;
(m) wherever "include", "for example" or any form of those words or similar expressions is used, it must be construed as if it were followed by "(without being limited to)";
(n) money amounts are stated in Australian currency unless otherwise specified;
(o) a reference to time is to Melbourne, Australia time;
(p) a reference to any agency or body, if that agency or body ceases to exist or is reconstituted, renamed or replaced or has its powers or functions removed (defunct body), means the agency or body that performs most closely the functions of the defunct body;
(q) any agreement, representation, warranty or indemnity in favour of two or more parties (whether those parties are included in the same defined term or not) is for the benefit of them jointly and severally; and
(r) any agreement, representation, warranty or indemnity by two or more parties (whether those parties are included in the same defined term or not) binds them jointly and severally.
2. Registration of Accounts
2.1 In order to access certain features and functionality of the Service (including access to Products and uploading User Content) you will have to register as a user of the Service (User) and obtain an account (Account) by providing all of the Information required at registration and agreeing to these Terms.
2.2 When creating your Account, you will be asked to provide your personal details. This Information will assist us in providing the Service to you.
2.3 Upon creation of your Account, you become a User and warrant that you are of legal age to form a binding contract with MBL and have the necessary capacity to enter into a binding legal contract in the place where you are accessing the Service, and that all Information you have provided is true, accurate and complete. You must provide an email address that you own or control.
2.4 You consent to MBL performing any identification checks or verification measures including through relevant providers for the purposes of identifying you and ensuring your compliance with these Terms. You must also provide such consent via the Service process as a condition of the Service.
2.5 You will be fully responsible for all acts and omissions of any person using your password and Account, as if they were your own acts and omissions. You agree that you will not share, disclose, or permit disclosure of, your password, let anyone else access your Account or do anything that would risk the security of your Account. MBL will not in any event be liable for any Loss arising out of the use or misuse of your password and Account, and you will indemnify MBL against all Loss in this regard.
2.6 You must notify us immediately if you become aware of any unauthorised access or use of your Account.
2.7 We reserve the right to refuse registration of any Account, at our sole discretion.
2.8 You agree that if we disable or terminate your Account for any reason, you will not create another one without our permission, whether through the use of your own personal details or those related to you or created by you.
3.1 MBL agrees to provide the Service to you in accordance with these Terms. By engaging in business on the Service, each User is making a commitment to comply with these Terms.
3.2 The Service is primarily designed to facilitate the purchase of Products by Users from MBL. The Service displays links to Products provided by MBL which you may purchase from time to time.
4. Legal Services
You acknowledge and agree that all professional services provided by MBL in connection with the relevant Product (Legal Services) will be subject to these Terms, which you must agree to at the time of registration of your Account in accordance with clause 2.1.
5. User Content
5.1 When you use the Service, you may upload User Content.
5.2 Any User Content uploaded by you to the Service may be used by MBL in accordance with the licence granted to it by clause 5.4.
5.3 You agree to be solely responsible for any User Content that is posted or uploaded to the Service.
5.4 You retain all Intellectual Property Rights in the User Content uploaded to the Service. By uploading the User Content, you grant MBL a perpetual, non-exclusive, royalty free, irrevocable, transferable and worldwide licence (including the right to sub-licence), to use, adapt, copy, communicate, reproduce, modify, display, exploit, publish, re-distribute, broadcast, transmit, create derivative works from and incorporate in other works, the User Content, for the sole purpose of providing the Service (including any purchased Product therein) to you.
5.5 We may access or examine any User Content and at our discretion monitor, move, remove, block, modify, edit, refuse to upload or disable access to User Content which we consider, in our sole discretion, to breach any Law or these Terms or to be otherwise unacceptable.
5.6 You acknowledge that we:
(a) have no responsibility or liability for the deletion or failure to store any User Content uploaded by you or any other User on the Service; and
(b) are not responsible for any User Content uploaded to the Service by you or any User nor under any obligation to monitor, move, remove, block, modify, edit or otherwise reject it.
5.7 You represent and warrant that:
(a) you own the User Content or have the necessary licences, rights, consents and permissions to publish the User Content you upload on the Service, including such consents as may be necessary to provide Personal Information on behalf of another person;
(b) you have the right and power to grant the licence contained in clause 5.4 to us;
(c) the User Content uploaded by you will not infringe the Intellectual Property Rights of any Third Party; and
(d) you will not upload User Content that will cause you to breach these Terms, in particular clause 11.
5.8 You acknowledge and agree that we are under no obligation to take legal action in relation to commencing, defending, enforcing, settling or compromising (as appropriate) any infringement or Claim relating to your Intellectual Property Rights in your User Content.
6. Service Content
6.1 The Service is owned and operated by or on behalf of MBL.
6.2 All Intellectual Property Rights, including copyright, in the Service and Service Content is owned or licensed by MBL or any of its Affiliates. You must not copy, modify or transmit any part of the Service or the Service Content.
6.3 MBL grants you a non-exclusive and non-transferable right to use the Service for its intended purpose, subject to the restrictions specified elsewhere in these Terms.
6.4 The Service may also contain trade marks, logos and trade names of MBL and its Affiliates which may be registered or otherwise protected by Law. You are not permitted to use any trade marks, logos or trade names appearing on the Service.
7. Access and Communication
7.1 Subject to the consumer guarantees provided for in the ACL (as defined in clause 16.2), MBL does not warrant that you will have continuous access to the Service.
7.2 MBL will not be liable if the Service is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities, interruption in telecommunications supply or otherwise.
7.3 MBL does not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers, and electronic communication (including electronic mail) is vulnerable to interception by Third Parties.
7.4 MBL does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Service and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
8. User Obligations
As a User of the Service, you must:
(a) pay all Fees in accordance with clause 9;
(b) ensure that your participation on the Service will not violate or result in the breach of any agreement between you and any Third Party;
(c) publish, or otherwise make available, Data and Information necessary for MBL to provide the Service in accordance with these Terms and all applicable Laws;
(d) comply with all reasonable directions of MBL with respect to your use of the Service;
(e) take all reasonable steps to mitigate the risks inherent in the use of the Service, including loss of your own Data;
(f) upon MBL's request, provide reasonable assistance in the investigation of any security issue relevant to the Service; and
(g) immediately notify MBL if you become aware that the Service may infringe on the Intellectual Property Rights of a Third Party.
9.1 Payment of Fees and all other monies payable is required to be made online facilitated through the Service via facilities provided by such payment provider as made available to you (Payment Provider) and must be made prior to the provision of the relevant Product (Upfront Payment), or as otherwise agreed to between the Parties.
9.2 The Fees and all other monies paid will be held on trust by MBL until completion of the Legal Services, upon which they will be remitted to MBL for payment of the Legal Services rendered.
9.3 The Fees are inclusive of goods and services tax and all other taxes, duties and charges imposed or levied in Australia in connection with the supply of goods or services. You agree that your Information may be passed onto the Payment Provider for payment of the Fees. Your use of the Payment Provider's system is subject to any relevant user agreements and privacy policies of the Payment Provider. For more details on the Provider and its security processes, please visit the Payment Provider's website at https://global2.cybersource.com/en-ANZ/.
9.4 We accept payment via the Payment Provider using VISA, MasterCard or American Express credit cards (provided always that such cards are issued in Australia).
9.5 Where you make a payment using a credit card, you:
(a) authorise MBL to debit the amount that is payable from your nominated credit card account;
(b) represent that you are properly authorised to use the credit card for such payment;
(c) represent that the credit card Information you submit is true, correct and complete;
(d) acknowledge and agree that any fees or charges incurred by you will be honoured by your credit card company; and
(e) will pay all charges incurred by you at the listed price, including any applicable taxes.
9.6 We will provide you with:
(a) in respect of Upfront Payments, a receipt; and
(b) in respect of all other payments, an invoice, at the time of confirmation of the relevant purchase which specifies the total Fees and other amounts paid or payable.
9.7 The specific terms and conditions of supply for any Product purchased via the Service will be notified to you via the Service before you confirm your purchase. Your confirmation of any purchase indicates your acceptance of those terms and conditions of supply, which upon confirmation of the relevant purchase will be incorporated into these Terms in respect of that purchase.
9.8 We reserve the right at our discretion to cancel any payment if it appears fraudulent in any way, and we may notify the cardholder and the relevant authorities as such.
(a) we refuse your registration as a User in accordance with clause 2.7; or
(b) we cancel, terminate or suspend your access to the Service in accordance with clause 18.1,
and there are Products purchased by you which are to be but have not yet been provided by MBL, we will refund any Fees paid in relation to the remaining work to be provided for the relevant Product except where termination has resulted because of your breach or alleged breach of these Terms.
11. Prohibited Uses
As a User of the Service, you must not:
(a) permit any other person to use the Service on your behalf;
(b) breach or circumvent any applicable Laws;
(c) damage or tamper with the operation of the Service;
(d) frame any portion of the Service without MBL's written consent;
(e) bypass (or attempt to bypass) any security mechanisms imposed by the Service;\
(f) impersonate or falsely claim to represent a person or organisation;
(g) knowingly introduce or permit the introduction of a virus, worm, Trojan horse, malware, spyware, disabling or malicious device or code, time bomb, or any other software or hardware or configuration that may cause harm or change to the Service;
(h) remove, modify or obscure any copyright, trade mark, or other proprietary right notices that appear on the Service;
(i) engage in any activities that are commercial, including selling, marketing, advertising or promoting goods or services, except if expressly permitted by these Terms;
(j) post, link to, or otherwise communicate or distribute any misleading, deceptive, inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or Information;
(k) download, transmit, copy, store, reformat or otherwise modify any element of the Service or Service Content; and
(l) use the Service in a manner which is unlawful or would infringe the rights of another person including any Intellectual Property Rights.
12.1 Obligations of confidentiality
Subject to clauses 12.2, the Receiving Party must:
(a) keep the Confidential Information confidential and not directly or indirectly disclose, divulge or communicate any Confidential Information to, or otherwise place any Confidential Information at the disposal of, any other person without the prior written approval of the Disclosing Party;
(b) take all reasonable steps to secure and keep secure all Confidential Information coming into its possession or control;
(c) only use the Confidential Information for the purposes of performing, and to the extent necessary to perform, its obligations under these Terms;
(d) not memorise, modify, reverse engineer or make copies, notes or records of the Confidential Information for any purpose other than in connection with the performance by the Receiving Party of its obligations under these Terms; and
(e) take all reasonable steps to ensure that any person to whom the Receiving Party is permitted to disclose Confidential Information under clause 12.2 complies at all times with the terms of this clause 12 as if that person were a Receiving Party.
The obligations of confidentiality under clause 12.1 do not apply to:
(a) any Confidential Information that:
(i) is disclosed to the Receiving Party by a Third Party entitled to do so, whether before or after the date of these Terms;
(ii) was already lawfully in the Receiving Party's possession when it was given to the Receiving Party and was not otherwise acquired from the Disclosing Party directly or indirectly; or
(iii) is generally available to the public at the date of these Terms or subsequently becomes so available other than by reason of a breach of these Terms; or
(b) any disclosure of Confidential Information by the Receiving Party that is necessary to comply with any court order, Law, or the applicable rules of any financial market (as defined in the Corporations Act) if, to the extent practicable and as soon as reasonably possible, the Receiving Party:
(i) notifies the Disclosing Party of the proposed disclosure;
(ii) consults with the Disclosing Party as to its content; and
(iii) uses reasonable endeavours to comply with any reasonable request by the Disclosing Party concerning the proposed disclosure.
14. File maintenance and retention of documents
14.1 You consent and authorise MBL to:
(a) maintain the records of documents related to Legal Services either:
(i) electronically (Virtual File); or
(ii) hard copy file and electronic documents and data (Mixed File) as considered appropriate by MBL; and to
(iii)communicate by electronic means;
(iv) scan and electronically store some or all documents received by us;
(v) if scanned, to destroy hard copy documents received from third parties; and
(vi) retain original documents received from you until completion of the Legal Services.
14.2 Upon completion of the Legal Services, and provided there are no unpaid Fees and/or interest, your original documents will be returned to you and you authorise MBL to:
(i) scan and electronically store the hard copy part of a Mixed File and to destroy the hard copy; or
(ii) keep the hard copy in a secure storage facility.
as considered appropriate by MBL.
14.3 If access to a stored file is required, you will have to pay the reasonable costs of accessing the stored file and we can charge for the time spent in providing documents together with any incurred disbursements. You are liable for those expenses and they are payable before any documents are made available.
Depending on how the file is maintained and stored you will either be provided with hard copy or electronic file or a combination of both.
14.4 You authorise us to destroy the Virtual File or Mixed File seven (7) years after the date of completion of the Legal Services or termination of the Agreement. This time frame will not apply for Legal Services in respect of Wills which will be retained for seven (7) years after probate or letters of administration has been granted.
15. Electronic billing
15.1 If required, you consent to MBL electronically transmitting a bill to your usual email address, mobile number or facsimile number. If a bill cannot be electronically transmitted it will be sent to you by post at your usual or last known address.
16. Warranties, Consumer Guarantees and Limitation of Liability
16.1 Subject to clause 16.2, any representation, warranty, condition, guarantee or undertaking that would be implied in these terms by Law, trade, custom or usage is excluded to the maximum extent permitted by Law.
16.2 Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on by the Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL) or any other applicable Law that cannot be excluded, restricted or modified by agreement.
16.3 To the fullest extent permitted by Law, the liability of MBL for a breach of a non-excludable guarantee referred to in the above clause is limited to, at your option:
(a) the supplying of the services again; or
(b) the payment of the cost of having the services supplied again.
16.4 Subject to clause 16.2, MBL is not liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising out of or in connection with the Service.
16.5 Subject to this clause 16, the maximum aggregate liability of MBL for all Losses and Claims arising out of or in connection with:
(a) the use of the Service excluding the Legal Services, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the Fees paid or payable for the relevant Products; or
(b) the Legal Services is unlimited.
17.1 You agree and acknowledge that you will fully indemnify MBL in respect of all Loss, (including legal fees on a full indemnity basis) and Claims howsoever arising, whether at common law (including negligence) or under statute, in connection with:
(a) any breach of these Terms by you;
(b) your use of the Service, including any wrongful, wilful or negligent act or omission;
(c) your communications with MBL; or
(d) your use of Third Party websites linked to the Service.
Unless these Terms expressly provide otherwise:
(a) each indemnity in these terms survives the expiry or termination of these terms; and
(b) a Party may recover a payment under an indemnity in these Terms before it makes the payment in respect of which the indemnity is given.
18.1 MBL may at any time immediately terminate your access (including restricting access) to the Service or any feature of the Service for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice.
18.2 You may terminate your Account at any time by providing MBL with a notice of termination in accordance with the termination instructions available on the Service. Following receipt of the termination notice, MBL will remove your Account.
18.3 This clause 18 and clauses 5.4, 12, 13, 16, 17 and 19 will survive termination of your access to the Service in accordance with this clause 18 and will continue to the benefit of and be enforceable by MBL.
19.1 Entire understanding
These Terms contains the entire understanding between the Parties concerning the subject matter of these Terms and supersedes all prior communications between the Parties.
19.2 No adverse construction
These Terms are not to be construed to the disadvantage of a Party because that Party was responsible for its preparation.
19.3 No waiver
(a) A failure, delay, relaxation or indulgence by a Party in exercising any power or right conferred on the Party by these terms does not operate as a waiver of that power or right.
(b) A single or partial exercise of the power or right does not preclude a further exercise of it or the exercise of any other power or right under these terms.
(c) A waiver of a breach does not operate as a waiver of any other breach.
Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.
19.5 Successors and assigns
These Terms bind and benefit the Parties and their respective successors and permitted assigns under clause 19.6.
19.6 No assignment
You cannot assign or otherwise transfer the benefit of these Terms without the prior written consent of MBL. MBL is permitted to assign or otherwise transfer the benefit of these Terms without your prior consent.
19.7 Governing Law and jurisdiction
These Terms are governed by and must be construed in accordance with the Laws in force in the State of Victoria, Australia. The Parties submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, its performance or subject matter.
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