Terms & Conditions

Last updated: 20 November 2022

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SITE OR PURCHASING ANY ONLINE SERVICES 

INTRODUCTION

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!

This Site  is owned and operated by Foundd Legal Pty Ltd (ACN 162 433 294 ) trading as Foundd Legal (referred to in these terms as “Foundd Legal”, “we”, “us”, and “our”).  Foundd Legal is a company incorporated in Queensland, Australia. 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, subscribers to our Subscription Packages, clients, customers, and all other users of the Site (“user”, “you” and “your”). 

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 legal health check, guides, blog, eBooks, Subscription Packages, The Legally Legit Lounge, webinars, podcasts, 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.  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 (AKA DISCLAIMER)

 

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 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. Are you still with us? Yay! Congrats! That was the worst of it!

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 or via The Legally Legit Lounge 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.

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, 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:

  1. use the Site; 
  2. Click purchase or a similar  button to initiate a purchase of our Online Services on this Site;
  3. 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.  

Where we offer free consults these 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 or a paid consultation, you acknowledge and agree (as a binding contractual agreement between you and us) that all the information you receive during the free or paid 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 (where you would like us to customise the Templates) 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?

INTELLECTUAL PROPERTY                                                                                       

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, 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, 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. 

Templates

By purchasing or downloading our Templates (including our User Guides, Checklists or other digital products or Content that are downloadable) whether directly or via our courses or The Legally Legit Lounge,  you are granted a non-exclusive, non-transferable, limited licence 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 Foundd 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. 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.

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 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. 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.

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. 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 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:

  1. they are suitable, reliable, complete,  secure, accurate or fit for any particular purpose;
  2. access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or  
  3. 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, purchasing our Templates, using our Online Services 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.

SEVERABILITY

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.

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 heyteam@founddlegal.com 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.

If you have any questions or concerns, please do not hesitate to contact us at heyteam@founddlegal.com


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.

ASSIGNMENT                                                                                                                

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.

ENTIRE AGREEMENT

These Terms (together with our Privacy Policy and disclaimers) contained on this Site, constitute the entire understanding and agreement between us and you, in relation to your use of this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, respect to this Site and your use of this 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 heyteam@founddlegal.com