Terms & Conditions
Last updated: 27 August 2019
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SITE OR PURCHASING ANY ONLINE SERVICES
Welcome to www.founddlegal.com (“Site”). The next few paragraphs are going to be that super legal, boring sounding stuff. But they’re really important. And we’ll make them as pain free as possible. Then we can move on to the fun part of growing your business! Here come the snores!
By accessing and using this Site, our social media channels and any other materials made available to you including but not limited to our legal health check, guides, blog, eBooks, Subscription Packages, webinars, podcasts, checklists, free consultations, videos, downloading our template documents and packages (“Online Services”) provided on this Site, whether made available for purchase or not, you are taken to accept our Terms. Get it? Good. That wasn’t so bad, was it?
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 may 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. Seriously. We know this stuff can do your head in. So just ask us. We don’t bite! Also, keep a copy of these Terms handy for your records. Copies of stuff when it comes to legal is way important.
INFORMATION ON THIS SITE IS GENERAL INFORMATION ONLY NOT LEGAL ADVICE
All content, including the Online Services made available to you on www.founddlegal.com, 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. Your use of this Site, booking a free 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 or purchasing the Online Services is not privileged or confidential. The Online Services provided are not for household, domestic purposes but for business use. Are you still with us? Yay! Congrats! That was the worst of it!
ARE YOU MY LAWYER IF I USE THIS SITE, USE MY FREE CONSULTATION OR BUY SOMETHING ONLINE?
Nope. 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:
- use the Site;
- Click purchase or a similar button to initiate a purchase of our Online Services on this Site;
- book a free consultation
and no legal advice (or other) advice is provided on this Site. We think you’re great, but a deeper, more meaningful relationship is a whole next level thing you’d have to chat with us about. 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.
Our free consults are for your initial free consult and are on a per person basis. What does that mean? It means you get only 1 free initial consult, you cannot book in multiple consults. What if I miss my consult? We understand circumstances change, so you can re-book your free initial consult, just use the link in the confirmation email or go back to our scheduling page.
Where you book and attend (whether in person or via electronic communication e.g. Zoom, Skype or mobile) a free consultation you acknowledge and agree (as a binding contractual agreement between you and us) that all the information you receive during the free consultation is only general information and provided to you in a summarised form on legal and other topics and does not constitute legal (or other) advice and should not be relied upon as such. But if you want legit legal advice, we’re totally available. That’s the next section. Take a look.
SO WHEN DO YOU BECOME MY LAWYER?
Subject to a conflict of interest check, Foundd Legal will only become your legal advisor when the following occurs:
1. you contact us directly for legal advice that is specific to your needs or circumstances or when you purchase one of our Online Services that includes the provision of legal advice specific to your needs or circumstances; and
2. after you have (i) accepted a specific proposal for those Online Services, (ii) you have entered into a lawyer-client agreement with Foundd Legal; 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. Foundd Legal will provide you with specific documentation in relation to the proposal and lawyer-client agreement by separate communication.
IF YOU BECOME MY LAWYER WHAT ABOUT THESE TERMS?
If a client engages Foundd Legal to provide legal advice in relation to the Online Services and enters into a lawyer-client agreements, then these Terms will apply to any such client to the extent that they use the Site to access the Online Services, and will operate in conjunction with any lawyer-client agreement. In the event of a conflict or inconsistency between these Terms and a term in any lawyer-client agreement, the terms of the lawyer-client agreement will prevail. Just be familiar with lawyer-client agreement. It’ll be the one that stands. Coolness?
Ownership of Intellectual Property
Ok. Maybe we aren’t quite done with the legal schpeel yet. But we’re getting closer. And seriously, you can always ask us about anything you aren’t sure about!
The Site and Online Services contain intellectual property owned by Foundd Legal and by third-parties that license the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trade marks, 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, Foundd 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.
By ordering or downloading our templates documents (including our Guides) whether directly or via our Subscription Services, you are granted a non-exclusive, non-transferable, limited licence to access and use the template document for your own personal business use. You may not assign or transfer the template documents or your Subscription Package or its benefits to any other person without Foundd Legal’s express written consent. 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.
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. Forgive us. We’re human not robots! 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). Thanks for understanding, friends.
Subscription PackagesOn our Site we offer three awesome subscription packages for a 12 month term as part of our Online Services, these are the Lite package, Standard package and Enterprise package (collectively “Subscription Packages”). Three packages you say? How do I get on that!? To access these services, you must have an account (see Creating an Account for more details) and comply with these Terms.
You may purchase any one of these Subscription Packages via our Site, the description of what is included is contained on the Site for your consideration. Depending on the type of Subscription Package you’ve purchased, the Foundd Legal Subscription Package may include the following benefits:
- Access to all Guides
- *unlimited scheduled consultation calls
- choice of either 1 / 2 / 3 templates depending on Subscription Package (excluding packages/kits)
- discounts on our future template documents 15% (Standard) and 20% (Enterprise) off future template document purchases
- **Strategy sessions (frequency is dependent on package selected)
- ***Legal projects (number of projects dependent upon package selected)
*The provision of legal advice via the 15 minute calls in the Subscription Packages (as applicable) are designed to be used for non-complex and short consultations and may include questions around the template documents. They are not designed to be used for complex, lengthy or urgent advice or advice that requires research and consultation.
**Strategy sessions are 1 hour in length and we will discuss business strategy with you, they do not include legal advice.
***Legal projects may incur government charges or other charges e.g. IP Australia or ASIC fees, these will be invoiced at cost and payable by you at the time they are incurred and do not form part of the monthly subscription costs.
You are solely responsible for the completion and use of the template documents unless you select your legal project to be for Foundd Legal to customise a template as part of your selected Subscription Package. We do not provide any warranties or guarantees regarding the template documents. If you have any questions or concerns regarding the template documents, you can utilise the scheduled consultation calls you are entitled to under your specific Subscription Package. Seriously. You can call us. Don’t be shy.
Tailored Template Documents
Where we offer to tailor a template document for your specific needs, Foundd Legal as the provider of the legal services, will complete the template document and incorporate any feedback from you regarding the template document plus one round of amendments. Where you wish for the tailored template document to be negotiated with a third party or require more than one round of changes, this will be out of scope and we will inform you of the additional costs which will be on a fixed fee basis and we will provide that work in accordance with the Legal Profession Act (Qld) 2007.
Coaching Sessions and Webinars
Where we include a coaching session or webinar as part of a Subscription Package, this is for informational purposes only and does not in anyway constitute legal advice. We love doing them, though. So that’s a bonus!
Monthly Subscription Fee and Online Payment Security
The monthly subscription fees payable for each Subscription Package is based on the price we publish on our Site from time to time and will be specified on the invoice at the time of purchase. We reserve the right to change the price and the products and services offered with the Subscription Packages at any time. The price, products and services included in your Subscription Package will be honoured for the subscription period from the date of purchase or upgrade. All payments must be paid in full upon receipt of an invoice.
Your monthly subscription fee for the applicable Subscription Package can be paid by credit card through our secure online payment gateway. You must ensure that your payment details are accurate and kept up to date. You must inform us immediately should your payment details change. If payment is declined, your access to Foundd Legal will be suspended until payment has been updated and you must pay all monies due on any template documents to the full value of those documents. We know you understand. We have to protect our wares, too!
Online Payment Security
Your monthly subscription fee can be paid by credit card through our secure online payment gateway. Payment is made within 30 days of the start of your subscription. Credit Card details will be retained by the payment gateway used by Foundd Legal to process your subscription payment. Subscription renewal will occur automatically unless you inform us you do not wish to continue. You authorise Foundd Legal to debit your account on the monthly cost of your chosen Subscription Package for the minimum term.
Monthly calls, emails, tailored documents and lawyer-client agreement
You are entitled to unlimited scheduled consultation calls (depending on the Subscription Package selected) to discuss any specific non-complex legal concerns as part of that Subscription Package. In order for us to provide this part of the service, you will need to enter into our lawyer-client agreement which will be submitted to you for signing during the initial onboarding process. These Terms and the lawyer-client agreement will apply to your Subscription Package.
Cancellation and Refunds
You may cancel your Subscription Package after a minimum of 6 months use, on 1 months written notice. You’ll appreciate that our subscriptions are designed so that you receive great value for money with costs spread out over a 12 month period. You begin to receive the full benefits of our template documents and services as soon as you create an account. We do not provide refunds or credits simply because your situation has changed or you have changed your mind. On receiving your confirmation of cancellation, we will calculate a payout figure you must pay taking into account any template documents and services accessed as part of your subscription package and work provided. Whoa. It just got serious up in here.
Upgrade or downgrade of Subscription Package
You cannot downgrade your subscription plan during the 12 month term of the subscription. You may upgrade at anytime. Where you upgrade, the term will renew from the date of the upgrade. Who wants to downgrade, anyway?
Work that is NOT included
Other than the products and services specified on this Site that are applicable to each Subscription Package, no other services are included as part of the Subscription Packages. If Foundd Legal forms the view that the legal services provided via the monthly calls is complex and/or time consuming or requires research or additional consultation, we will inform you of this as soon as reasonably possible and will advise you of this and such work will be subject to additional costs. In such a situation, we will provide you with an estimate of our professional costs for that work in accordance with the Legal Profession Act (Qld) 2007 and these Terms. Any quote provided for the additional services is outside the scope of your Subscription Package, you will therefore be required to purchase the same from this Site via our Custom Services or via a link provided to you and if applicable, enter into a lawyer-client agreement.
Termination of Subscription Package
You must at all times comply with these Terms when using the Subscription Package and accessing your account. We reserve the right, in our sole discretion, to suspend or terminate your subscription or access to all or any part of your account, including if we believe you have abused the services in any way or have breached these Terms or the terms of the lawyer-client agreement. Where the Subscription Package is terminated due to a breach of these Terms, the balance of the instalments due for the remainder of the term of the subscription will become immediately due and payable.
CREATING AN ACCOUNT
To place orders and access some features of the Site or the Online Services (including the Subscription Packages), you may have to register an account. This means you’ll have to give us accurate information including your name, your business name, address, a valid email address and telephone number and you must be at least 18 years old. You will also be required to create a username and password. You warrant that any information you provide during the account set up process is accurate and correct at the time you provide the information and that you’ll update information should there be any changes to the information provided. We reserve the right, at any time, to request a form of identification to verify your identity. Don’t give us fake names and emails. That’s just not cool! You’ll be solely responsible for the activity that occurs on your account (including orders placed on your account) so keep your account password secure. Don’t go giving it to some new friend you met at the pub. That could go pear shaped.
We reserve the right to suspend or cancel your account at any time, in our sole discretion, if you breach any provision of the Terms or applicable law or where your conduct impacts Foundd Legal’s reputation. Just don’t be daft and we’ll be right!
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 anytime 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. Cool? Cool.
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 Foundd Legal from time to time. Yeah, we try and stay flexible. We’re hip with the times. You acknowledge and agree to make timely and full payments to Foundd 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 Foundd 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, Foundd 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
Ok. You’re 2/3s of the way there. You’ve got this.
Where any Online Services are downloaded by you or to which you are granted access, Foundd 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 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. Don’t steal. Not cool.
BE A GOOD PERSON
We’ve created this Site to be a helpful resource and guide to provide users with access to our Online Services. By using our Site we expect you to meet certain standards of behaviour, and to encourage that, we’ve set out some rules below. You must:
- not breach another person’s privacy and use their details without their consent to do anything on this Site or in connection with our Online Services;
- Not use this Site in any way that is or may be damaging to this Site
- Not use this Site to send unsolicited emails
- Not interfere with anyone using this Site
- Not use this Site to defame, harass, threaten or offend any person; or
- Not help anyone else do any of the above.
Well that’s pretty darn clear. Be a good person. Don’t be mean. Don’t be lame. We know you get it.
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. Again. Just be a good person.
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 Foundd Legal or its owners, shareholders, employees or others, but are the sole product of its creator. Foundd Legal disclaims all liability with respect to any content submitted by the user or guest blogger.
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. Foundd 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
Ok, people. Deep breath. Maybe three deep breaths. Have a sip of tea. Now dive in to this last bit of legal. Once you’re through this you’re home free!
This Site is provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties about our Site and/or the Online Services including that:
- they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;
- access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or
- there is no possibility of failure to store communications or other data.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable laws, in no event are we responsible for any losses and expenses however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Site and/or our Online Services, your inability to access our Site, interruption or outage of our Site or the fact that content on our Site or in our Online Services is inaccurate, incomplete or out of date. Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by Australian Consumer Law (s64A of the Competition and Consumer Act 2010).
OUR RIGHT TO BE INDEMNIFIED BY YOU
To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of this Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.
If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.
CEASING OUR WEBSITE
We have the right to discontinue this Site. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
We are permitted to assign, transfer and subcontract our rights and/or obligations under these Terms without any notification or consent required. However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.
BREACH AND TERMINATION
The agreement constituted between us by your use of the Site may be terminated (a) where you breach any provision of these Terms; or (b) at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access the Site.
GOVERNING LAW AND JURISDICTION
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.
CHANGES TO THESE TERMS
Foundd Legal reserves the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of Foundd Legal’s Online Services. If at any time you choose not to accept these Terms, you should not use this Site.
YAAAAAY!!! You did it!!!! You got through the Foundd Terms & Use!! Now go have a glass of wine!
HOW TO CONTACT US
If you have any questions regarding the above Terms, just connect with us via our contact page here, via our chat bot or via email to firstname.lastname@example.org