Terms & Conditions
Thank you for visiting our website. This website is owned and operated by Fluent Legal Pty Ltd (ACN 642 212 271). By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (available at www.fluentlegal.com.au) (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms.
In these Terms, 'us', 'we' and 'our' means Fluent Legal Pty Ltd and our related bodies corporate.
Fluent Legal is an incorporated legal practice registered in NSW, Australia.
Liability limited by a scheme approved under Professional Standards legislation.
DISCLAIMER – No solicitor-client relationship
No solicitor-client relationship is formed by your use or access of our website or any products or services that may be accessible on our website (or via third party mediums such as social media or other websites) unless a formal client engagement letter and costs disclosure agreement is signed by us with you, in accordance with the requirements of the legal profession regulations.
These terms apply to information, products or services accessible directly on our website or via third party mediums such as social media or other websites and any references to ‘website’ should be read to include such channels, as appropriate.
Any information, products or services accessible via our website do not take into account your particular circumstances and are not intended to be comprehensive. The law and other relevant circumstances may change from time to time and we do not guarantee that they will be complete, accurate or up-to-date.
Any information, products or services accessible via our website (even if they contain cheat sheets, guidance notes or tips) does not constitute legal advice and must not be relied upon by you as a substitute for seeking legal advice. Your use of our website or any products or services accessible via our website does not create a solicitor-client relationship between you and us and we are not responsible for any action taken or not taken in reliance of the information, products or services we may provide or provided by third parties via our website.
We recommend that you seek legal and other professional advice specific to your circumstances before acting or relying on any part of the information, products or services on our website.
Registration
You may need to be a registered member to access our products or access certain features of our website.
When you register and activate your account, you will provide us with personal information such as your name, email address, telephone number and other information. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy, available on our website..
When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.
To create an account, you must be:
at least 18 years of age;
possess the legal right and ability to enter into a legally binding agreement with us; and
agree and warrant to use the website in accordance with these Terms.
Collection Notice
We collect personal information about you in order to respond to your enquiry, process your registration or provide you with products or services that may be available on our website from time to time and for purposes otherwise set out in our Privacy Policy, available on our website.
We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our products and services to you. We may also disclose your personal information to recipients that are located outside of Australia, including to IT and administrative service providers.
Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at via the details on our website www.fluentlegal.com.au.
By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.
Accuracy, completeness and timeliness of information
The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
Any information provided to you by us is not legal advice and should not be construed or relied upon as such, unless a formal client engagement letter and costs agreement is signed by us with you, in accordance with the requirements of the legal profession regulations.
Information accessed from overseas jurisdictions may not be accurate, complete or relevant and we accept no liabilty for such information, whether provided by us or by third parties whose information may be available on or accessed via our website.
Promotions and competitions
For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
Purchases
Any products or services purchased via our website are subject to additional terms and conditions which you will need to agree to as a condition of purchase. These terms and conditions are displayed on our website www.fluentlegal.com.au
We make no representation, warranty or guarantee about the suitability, accessibility or availability of any products or services on or via our website
IN AUSTRALIA, OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THESE TERMS AND CONDITIONS PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES AND UNDERTAKINGS, AND OTHER LEGAL RIGHTS, UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT AND OTHER LAWS. ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER REGULATION 2010 ARE EXPRESSLY EXCLUDED WHERE PERMITTED, INCLUDING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION.
Linked sites
Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
We may from time to time recommend or refer to or make available for purchase, products or services provided by third parties. We make no representation, warranty or guarantee about the suitability, accessibility or availability of any products or services offered by third parties and we do not accept any liability or responsibility for any purchases you make or interaction you may have with third parties.
Where we refer or recommend a product or service, we do so in good faith, however we cannot guarantee the suitability, accessibility or availability of any products or services offered by third parties and are not obligated to update any information about third parties or the products or services they may or may not offer.
Where we refer or recommend a product or service, we may from time to time receiver a referral fee or ongoing commission if you purchase or use a third party service. Further disclosures will be made where relevant.
Intellectual property rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).
Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
Unacceptable activity
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
using this website to defame or libel us, our employees or other individuals;
uploading files that contain viruses that may cause damage to our property or the property of other individuals;
posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.
If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
Warranties and disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
Liability
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
Jurisdiction and governing law
Your use of the website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, Australia.
17 February 2021