Last Updated: 20th July 2024
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SITE OR PURCHASING ANY ONLINE SERVICES
This page includes the following important terms - Terms & Conditions and Privacy Policy.
These are the Terms and Conditions for use of this website being https://www.odysseylegal.com.au (the Site).
This website is the website for Odyssey (Qld) Pty Ltd A.C.N. 678 517 676.
Please take the time to read the terms of use that are applicable to the use of this Site and the content made available to you (“Terms”). These Terms together with our Privacy Policy are very important as they apply to all Site visitors, clients, customers, and all other users of the Site (“user”, “you” and “your”).
GOVERNING LAW AND JURISDICTION
By using the Site, you accept these terms and conditions in full. If you register, or use an online form, contract services from the Site or purchase a product from the Site, then you expressly agree to these terms and conditions.
Our Site, like any other website, is accessible to anyone, which means, it may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.
All Terms shall be construed in accordance with and governed in all respects by the laws of the State of Queensland, Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly, cost effectively and efficiently as possible. Where a dispute cannot be resolved, you agree to submit to the non-exclusive jurisdiction of the courts of the State of Queensland, Australia.
CONSENT TO SITE TERMS OF USE
By accessing and using this Site, our social media channels and any other materials made available to you including but not limited to our guides, blog, eBooks, checklists, free consultations, videos, downloading our template documents (means the "Templates' available for purchase and sale on our Site), user guides and packages (Online Services) provided on this Site, whether made available for purchase or not, you are taken to accept our Terms.
By using the Site, accessing or purchasing any Online Services, you warrant that:
(a) you are over 18 years of age and have the legal capacity to enter into a legally binding contract;
(b) have read and accepted these Terms; and
(c) will comply with these Terms.
By remaining on this Site and your continued use of this Site is deemed acceptance of any modifications or amendment of these Terms.
You may also accept these Terms where you click “Agree” or “Accept” where such an option is made available to you during your use of the Site. If you’re uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase or download.
INFORMATION ON THIS SITE IS GENERAL INFORMATION ONLY NOT LEGAL ADVICE - DISCLAIMER
All content, including the Online Services made available to you on the Site contains general information about our Online Services, as well as general information about different areas of the law and does not take into account your specific needs, objectives or circumstances.
The information contained on the Site is not a substitute for obtaining advice specific to your circumstances from a qualified lawyer.
Disclaimer: Your use of this Site, booking a free or paid consultation or the purchase of any of our awesome Online Services, does not create a lawyer and client relationship even in circumstances where any content on this Site has been authored or created by a lawyer.
You further understand and agree that any information, feedback, comment or review that you provide by reason of your use of this Site, using a free consultation. paid consultation or purchasing the Online Services is not privileged or confidential. The Online Services provided are not for household, domestic purposes but for business use.
By purchasing our Templates, we are not under any circumstances acting as your lawyers and are not providing any legal advice relating to you or your business. Any user guides or other instructions provided whether on the Site is for informational and educational purposes only. Any such information is not intended to substitute or replace legal advice of your own lawyer, accountant or financial advisor. You should consult with a professional for any legal, financial or accounting advice.
We do our best to ensure that our Templates are kept up to date and are accurate, however, we do not make any representations that the Templates are free from errors at all times. We do not assume any liability or responsibility for the accuracy of the Template's content, information or effectiveness as it applies to you. Unless your engage our Custom Services, we will not review any completed Templates. We do not and cannot guarantee that the Templates will cover your specific circumstances, issues, concerns or applicable laws. We always recommend that you consult with a lawyer to review any Template purchased and such a lawyer will be able to provide you with advice specific to your circumstances and needs.
Our templates have been designed to cater to general contractual needs and, in some cases, specific industry requirements. However, they may not encompass all unique aspects or specific needs of your particular situation or industry. If you require specific terms, conditions, clauses, or provisions not covered in the template you purchase, we strongly recommend seeking professional legal advice. By purchasing and using our templates, you acknowledge that they may not fully cover the intricacies of your individual circumstances and agree to modify and adapt the content as necessary to meet your specific requirements. We are not responsible for any omissions or the suitability of any template for your particular needs.
It is your responsibility to ensure that the Template you wish to purchase is the right Template for you and your specific needs. By purchasing a Template, you are taking responsibility for your actions or inactions as they relate to the Templates.
ARE YOU MY LAWYER IF I USE THIS SITE, BOOK A CONSULTATION OR BUY SOMETHING ONLINE?
Although this Site is owned by a law firm, we’re not acting as your lawyer and no lawyer-client relationship is created if you:
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use the Site; or
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Click purchase or a similar button to initiate a purchase of our Online Services on this Site; or
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book a consultation,
and no legal advice (or other) advice is provided on this Site.
Any information, articles, guides or any other information made available to you on this Site, through our newsletter or via our social media channels is general information only and does not take into account your specific needs or circumstances and should not be relied upon as such.
SO WHEN DO YOU BECOME MY LAWYER?
Subject to a conflict-of-interest check, Odyssey Legal will only become your legal advisor when the following occurs:
- you contact us directly for legal advice that is specific to your needs or circumstances or when you purchase one of our Online Services (where you would like us to customise the Templates) that includes the provision of legal advice specific to your needs or circumstances; and
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after you have (i) accepted a specific proposal for those Online Services, (ii) you have entered into a lawyer-client agreement with Odyssey Legal and signed an authority to act; and (iii) are provided advice within the scope of the services set out in the proposal.
Any legal advice provided under the accepted proposal and reflected in the signed lawyer-client agreement, will be in accordance with the Legal Profession Act (Qld) 2007 and associated rules and regulations and not these Terms. Odyssey Legal will provide you with specific documentation in relation to the proposal and lawyer-client agreement by separate communication
Free 15 Minute Consultation
If you take advantage of the free 15-minute consultation then you agree that this does not constitute legal advice, and in general information only.
The content of the telephone consultation is intended only to provide a general summary of information to you. It is not intended to be comprehensive nor does it constitute legal advice. We would need to be instructed formally, and enter into a formal written costs agreement with our firm, and take proper instructions / read the documents – before we can provide legal advice. It is important that you do not act on the general information provided during the free consultation without obtaining proper legal advice from us or another legal practitioner.
There are often important (and short) timeframes involved in legal matters. A law firm cannot advise you about your matter or time critical steps relating to this dispute until they are formally engaged to act for you. If you miss any time-critical dates, then you may lose your legal rights.
INTELLECTUAL PROPERTY
Ownership of Intellectual Property
The Site and Online Services contain intellectual property owned by Odyssey Legal and by third parties that license the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and software (“Content”). Your use of the Site, the Online Services and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Site, the Online Services or the Content.
No Commercial Use
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever the Site, Content or the Online Services, Odyssey Legal’s Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site and Online Services, without refund, if you are found to be violating these Terms.
Templates
By purchasing or downloading our Templates (including our User Guides, Checklists or other digital products or Content that are downloadable), you are granted a non-exclusive, non-transferable, limited license to access and use the Template for your own personal business use. You may not share, assign or transfer the Template or its benefits to any other person including trying to re-sell, copy, transmit electronically or otherwise use the Templates in whole or part in any manner whether in its original format or amended in any way without Odyssey Legal’s express written consent (including by email). We reserve the right, in our sole discretion, to accept or refuse to provide the products and/or services to you at any time for any reason.
LINKS TO OTHER WEBSITES
Our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way, endorse, control or approve of and nor are we responsible for the content on those websites. It’s up to you to decide if those websites and their content work for you, and we recommend that you investigate and do your homework to find that out.
PRIVACY
These Terms also include our Privacy Policy which can be accessed here.
DESCRIPTIONS OF ONLINE SERVICES
We try to be clear and informative when describing our Online Services and do our darndest to describe and display them as accurately as possible in a way that is easy to understand. Whilst we do try our best, (we really wanted to use the word whilst) occasionally there may be information that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers and availability. From time to time, we may amend errors in pricing and descriptions. We reserve the right to refuse or cancel any order if any information on the Site (including our Online Services) is inaccurate at any time without prior written notice (including after you have submitted your order).
PRICES AND PAYMENT
All prices are in Australian Dollars (AUD) and are inclusive of any Australian Goods and Services Tax (GST) (as applicable). The prices indicated on the Site may change at any time without advance notice to you. If you’ve purchased our Online Services, it will be charged at the price in force at the time a customer’s order is validated.
We offer visitors who want to purchase from our Site the option to pay for the Online Services by PayPal or credit card or such other method of payment as notified by Odyssey Legal from time to time.
We confirm that Odyssey Legal utilises Square to process payments by card, including for legal services or for the downloadable templates. Please be aware that a 2.2% payment processing fee will apply to any payments made by card.
You acknowledge and agree to make timely and full payments to Odyssey Legal for Online Services purchased. Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card. You authorise Odyssey Legal to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times. Where you fail to make payment or payment is declined for any reason, Odyssey Legal may revoke your access to the Online Services, without refund. So don’t be that person. When making payments to us, you warrant that you have read the terms and conditions of any third party payment gateway provider or credit provider (e.g. Paypal, Stripe etc) which are available on their respective websites.
WHEN YOU USE OR BUY OUR ONLINE SERVICES, WE WILL GIVE YOU A LIMITED LICENSE
Where any Online Services are downloaded by you or to which you are granted access, Odyssey Legal grants you a limited, personal, non-exclusive, non-transferable license to use the Online Services for your own personal and internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to share, modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of the Online Services in any manner, except for modifications in completing the Online Services for your authorised use.
You shall not remove any copyright notice from any of the Online Services. Doing so may infringe on our intellectual property rights, as outlined below.
USER FEEDBACK, COMMENTS AND OTHER SUBMISSIONS
We always appreciate interaction on our social media channels and feedback about our Online Services, as it helps us to improve our Site and our Online Services. Through the use of this Site, you may be invited to submit a review, you can also comment on our blog or other parts of our Site or interact with us via our social media channels. We love to hear from you! Where you do decide to submit such feedback or comments, you give us permission to post or otherwise use that feedback on our social media or other channels. If you don’t want us to do that, you can email us and tell us at any time.
We reserve the right to remove a review or comment if such review or comment (a) contains libelous or otherwise unlawful, abusive or obscene material; (b) attacks our employees or another contributor; (c) contains material that discloses your personal information; or (d) is unrelated to the post or content to which you have reviewed or commented on.
Our Site features user reviews of the Online Services and blogs by guest bloggers, these reviews and content of the guest blogs in no way represent the views or opinions of Odyssey Legal or its owners, shareholders, employees or others, but are the sole product of its creator. Odyssey Legal disclaims all liability with respect to any content submitted by the user or guest blogger.
On our Site, we present real-life examples of and insights into other customers’ and/or clients’ experiences with our products and/or services for illustration purposes only. Any results presented demonstrate to users what can be possible but are not intended to represent or guarantee that any current or future users of our Templates, programs, courses, products and/or services will achieve the same or similar results.
Where you have provided testimonials (in any format), you acknowledge that we may use these along with reference to you on our Site and social media channels, or any other avenue, for promotional and other purposes at our discretion.
DISCOUNTS
From time to time, we may offer discounts including exclusive member only discounts, any such discounts cannot be used in conjunction with another offer or discount. Basically what that means is its only 1 discount per purchase. Discount codes are not transferable and cannot be redeemed for cash under any circumstances.
COMPETITORS ARE EXCLUDED
You are not allowed under any circumstances to use or access any documents or content on our Site in any way that competes with our business. Odyssey Legal reserves its right to exclude and not permit any person using this Site or accessing its document in its sole discretion.
WARRANTIES AND DISCLAIMERS
This Site and our Online Services are provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations, guarantees or warranties of any kind about our Site and/or the Online Services including that:
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they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;
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access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or
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there is no possibility of failure to store communications or other data.
REFUNDS AND CHARGEBACKS
Due to the digital nature of the products and services we offer on our Site, refunds are not provides unless otherwise specified in writing.
Where you have received a refund either directly from us or via a Chargeback the following will apply:
1. If we have provided you with a template to a verified email address from which you have engaged with us (including signing up to our Affiliate program), then you must destroy all electronic copies of the template and provide us with written confirmation to us that you will not use our template unless you provide payment in full for the template we have provided to you.
2. If you receive the template and (a) do not comply with point 1 above and/or (b) use the template following a refund or Chargeback, we expect immediate payment upon receipt of a tax invoice from us.
Where you use our template and we do not receive payment, we reserve the right to recover any outstanding tax invoice through a formal debt recovery process and should this become necessary, then we will seek payment of our outstanding tax invoices including any interest on the outstanding amount.
For the purposes of these Terms, "Chargeback" means the reversal of a payment in response to a request that a customer files directly with their issuing bank or payment network provider.
MORE LIMITATIONS ON LIABILITY
The disclaimers of liability outlined in any of these terms and conditions apply to all customers, clients or visitors.
INDEMNITY
You hereby indemnify Odyssey Legal and any associated party and undertake to keep us indemnified next to any losses, loss, costs, liabilities and bills (including without restriction legal expenses and also any amounts compensated by us to a third party in settlement of an claim or dispute) sustained or suffered arising from any breach through you of any provision of these terms and conditions, or arising from any claim that you have breached any supply of these terms and conditions.
BREACHES OF THESE TERMS AND CONDITIONS
Without prejudice to our other rights, if you breach these terms and conditions of use at all, or if we reasonably suspect that you have breached these terms and conditions of use at all, we may: (a) send you more than one formal warnings; (b) temporarily suspend your having access to Site; (c) permanently restrict you from accessing the Site; (d) block computers with your IP address from accessing the Site; (e) contact your online services provider and request they block your having access to the Site; (f) bring court proceedings against an individual for breach of contract or otherwise; (g) suspend and/or erase your account with the Site; and/or (h) erase and/or edit any or all of your current content.
Where we postpone or prohibit or block your having access to the Site or a component of the Site, you must not take any activity to circumvent such suspension or prohibition or perhaps blocking (including without having limitation creating and/or having a different account).
VARIANCE
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to using the Site from the date of the publication from the revised terms and conditions on the Site.
ASSIGNMENT
You hereby agree that you may not transfer, sub-contract or otherwise deal with any or our rights and/or requirements under these conditions. You may certainly not transfer, sub-contract or otherwise cope with your rights and/or requirements under these conditions without obtaining your prior written agreement.
SEVERABILITY
If any of these terms and conditions is determined through any court or other competent authority to be unlawful and/or unenforceable, the remainder provisions will continue in effect.
EXCLUSION OF ALTERNATIVE RIGHTS
Subject to this preceding paragraph, these terms and conditions are for the benefit of you and are not meant to benefit any alternative or be enforceable by any alternative. The exercise individuals and your rights with regards to these terms and conditions is just not subject to this consent of any alternative.
ENTIRE UNDERSTANDING
Subject these terms and conditions, together with our privacy, constitute the overall agreement between an individual and us with regards to your use of the Site, and supersede almost all previous agreements in respect of your use of the Site.
HOW TO CONTACT US
If you have any questions regarding the above Terms, just connect with us via our contact page here, via email to info@odysseylegal.com.au.
