TERMS & CONDITIONS OF USE
- About the Website
1.1 Welcome to www.brisbanementions.com.au (the ‘Website‘). The Website provides a convenient online facility to arrange Town Agent Services (the ‘Services‘) to be completed by a third party practising legal professional on your behalf.
1.2 The Website is operated by BRISBANE MENTIONS PRACTICE PTY. LTD. ACN 606 188 738 (‘BRISBANE MENTIONS PRACTICE’ or ‘us’). Access to and use of the Website, or any of its associated Products or Services, is provided by BRISBANE MENTIONS PRAC Please read these terms and conditions (the ‘Terms‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately.
1.3 BRISBANE MENTIONS PRACTICE reserves the right to review, edit or amend any of the Terms by updating this page at any time and at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication and you shall be deemed as having accepted and bound to the updated Terms from that time by using, browsing and/or reading the Website or using the Services.
- Acceptance of the Terms
2.1 You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by BRISBANE MENTIONS PRACTICE in the user interface.
- Registration to use the Services
3.1 In order to access the Services, you must first register for an account through the Website (the ‘Account‘).
3.2 As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including, but not limited to:
3.2.1 an email address;
3.2.2 preferred username;
3.2.3 legal firm details and position held at your firm;
3.2.4 a mailing address;
3.2.5 a telephone number;
3.2.6 a password.
3.3 You warrant that any information you give to BRISBANE MENTIONS PRACTICE in the course of completing the registration process will be accurate and correct. You shall also be required to keep all information up to date.
3.4 Once you have completed the registration process, you will be a registered member of the Website (‘Member‘) and agree to be bound by the Terms.
3.5 You may not use the Services and may not accept the Terms if:
3.5.1 you are unable or incapable to form a legally binding contract with BRISBANE MENTIONS PRACTICE; or
3.5.2 you are not authorised on behalf of your legal firm to register or access the Services; or
3.5.3 you have previously been a Member and your account has been suspended or terminated by BRISBANE MENTIONS PRACTICE.
3.6 You understand and accept that by registering an account and supplying personal information, BRISBANE MENTIONS PRACTICE, may contact you by a number of methods including by email, telephone calls or SMS in relation to the Services and to also keep you informed about BRISBANE MENTIONS PRACTICE activities and updates by way of newsletters.
- Your obligations as a Member
4.1 As a Member, you agree to comply with the following:
4.1.1 you will use the Services only for purposes that are permitted by:
4.1.2 the Terms; and
4.1.3 any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
4.1.4 you have the sole responsibility for protecting the confidentiality of your password and/or email add Use of your password by any other person may result in the immediate cancellation of the Services;
4.1.5 any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify BRISBANE MENTIONS PRACTICE of any unauthorised use of your password or email address or any breach of security of which you have become aware;
4.1.6 access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of BRISBANE MENTIONS PRACTICE providing the Services;
4.1.7 you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of BRISBANE MENTIONS PRACTICE;
4.1.8 you will not use the Services or Website for any illegal and/or unauthorised use or unauthorised framing of or linking to the Website;
4.1.9 you acknowledge and agree that any automated use of the Website or its Services is prohibited; and
4.1.10 you (or your firm, or any associated or related entity as defined by the Corporations Act 2001) will not solicit or engage a legal professional used by BRISBANE MENTIONS PRACTICE for legal services or appearances for a period of 12 months after the last service performed by that legal professional without utilising, as the exclusive method, the booking portal through the Website or by prior agreement in writing by BRISBANE MENTIONS PRACTICE at our absolute discretion.
4.2 you acknowledge and agree that the restraints in clause 4.1(h) are reasonable for the protection of BRISBANE MENTIONS PRACTICE commercial interests in creating the Website and the Services.
- Provision of Services
5.1 You acknowledge and confirm BRISBANE MENTIONS PRACTICE as your authorised agent, directs legal professionals on your behalf to complete the Services.
5.2 The legal professionals selected by BRISBANE MENTIONS PRACTICE come from a panel of independent selected barristers, solicitors and paralegals (for non-legal attendances) subject to availability.
5.3 You agree that by submitting a request for the Services, the legal professionals engaged may have access to all information and documentation supplied to BRISBANE MENTIONS PRACTICE, including where necessary, your contact details including your name, firm, email and phone number and you give your consent for the legal professional contacting you if required during the course of the Services being provided.
5.4 When booking a service:
5.4.1 you must provide clear, sufficient and detailed description of your requirements and/or instructions and any other relevant information and/or documents necessary to allow the Services to be completed efficiently and diligently; and
5.4.2 you are satisfied with the service you have selected as being suitable and satisfactory to your requirements.
5.5 By booking a service, you acknowledge and consent to BRISBANE MENTIONS PRACTICE contacting you to clarify or discuss the requested service/s.
5.6 The Services are strictly limited to the instructions you provide us in the booking and shall not be extended without the express acceptance by us and you. Where time is critical, you agree that you will confirm any additional instructions in writing when requested.
5.7 You acknowledge that BRISBANE MENTIONS PRACTICE or any legal professional is not required to perform any work which falls outside the scope of the work provided. Where there are changes to the instructions or where there is additional work, BRISBANE MENTIONS PRACTICE is entitled to charge additional charges where for additional services are provided.
5.8 You acknowledge and accept that any legal professional is required to comply with their professional obligations during the course of the Services and these obligations shall take precedent over any instructions provided to the contrary by you.
5.9 BRISBANE MENTIONS PRACTICE may, in its sole discretion, accept, limit, refuse or discontinue to provide the Services to you at any time and for any reason.
6.1 BRISBANE MENTIONS PRACTICE does not charge for nor does it provide any legal services or advice. All payments to BRISBANE MENTIONS PRACTICE is a transaction fee for each agency service facilitated by us on your behalf for the Services.
6.2 Payment for the transaction fee is to be paid in advance.
6.3 Where the option is given to you, you may make payment for the transaction dee (the ‘Transaction Fee‘) by way of:
6.3.1 Electronic funds transfer (‘EFT‘) into our nominated bank account;
6.3.2 Credit Card Payment (‘Credit Card‘);
6.3.3 PayPal Australia Pty Limited (ABN 93 111 195 389) (‘PayPal‘)
6.4 All payments made in the course of your use of the Services are made using SQID Payments (‘SQID Payments‘). In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the SQID Payments terms and conditions which are available on their website.
6.5 You acknowledge and agree that where a request for the payment of the Transaction Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Transaction Fee.
6.6 Subject to clause 5.9, the Services will not commence until such time that full payment has been completed at time of requesting the Services. You agree to pay for any additional services within 2 business days of completion if it impracticable to pay in advance.
6.7 You agree and acknowledge that BRISBANE MENTIONS PRACTICE can vary the Transaction Fee at any time, however we will not change the Transaction Fee for any Services already requested and paid (excluding additional services required outside the scope).
7.1 By registering for and requesting the Services, you confirm to allow BRISBANE MENTIONS PRACTICE to act as an agent pursuant to Subdivision 153-B of A New Tax System (Goods and Services Tax) Act 1999 (“GST Act”) for the sole purpose of any GST consequences in relation to the Services and any other services contained in these Terms (“Agency Supplies”).
7.2 The parties mutually agree that pursuant to the GST Act, BRISBANE MENTIONS PRACTICE shall make supplies on behalf of you and for the purposes of GST all supplies made through BRISBANE MENTIONS PRACTICE under these Terms will be treated as having being made by BRISBANE MENTIONS PRACTICE and not you.
7.3 For the avoidance of doubt this means that BRISBANE MENTIONS PRACTICE will be treated as making Agency Supplies to you and any legal professional or non-legal professional will be treated as making corresponding supplies to BRISBANE MENTIONS PRACTICE. BRISBANE MENTIONS PRACTICE will issue to you in BRISBANE MENTIONS PRACTICE own name all tax invoices and adjustment notes relating to Agency Supplies. The legal professionals will not issue to you any tax invoices and adjustment notes relating to those Agency Supplies.
7.4 This agreement between BRISBANE MENTIONS PRACTICE and you will cease to have effect if you or BRISBANE MENTIONS PRACTICE cease to be registered for GST.
- Refund Policy
8.1 BRISBANE MENTIONS PRACTICE will only provide you with a refund of the Transaction Fee in the event we are unable to continue to provide the Services or if BRISBANE MENTIONS PRACTICE makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the ‘Refund‘).
8.2 Where the requested Services are refused, limited or discontinued by BRISBANE MENTIONS PRACTICE, a full or part Refund will be provided to you within 5 business days.
- Copyright and Intellectual Property
9.1 The Website, the Services and all of the related products of BRISBANE MENTIONS PRACTICE are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treati Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by BRISBANE MENTIONS PRACTICE or its contributors.
9.2 All trademarks, service marks and trade names are owned, registered and/or licensed by BRISBANE MENTIONS PRACTICE, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
9.2.1 use the Website pursuant to the Terms;
9.2.2 copy and store the Website and the material contained in the Website in your device’s cache memory; and
9.2.3 print pages from the Website for your own personal and non-commercial use.
9.3 BRISBANE MENTIONS PRACTICE does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by BRISBANE MENTIONS PRACTICE.
9.4 BRISBANE MENTIONS PRACTICE retains all rights, title and interest in and to the Website and all related Servi Nothing you do on or in relation to the Website will transfer any:
9.4.1 business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
9.4.2 a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
9.4.3 a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process) to you.
9.4.4 You may not, without the prior written permission of BRISBANE MENTIONS PRACTICE and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third-party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domai
- General Disclaimer
11.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
11.2 Subject to this clause, and to the extent permitted by law:
11.2.1 all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
11.2.1 BRISBANE MENTIONS PRACTICE will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwi
11.3 Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of BRISBANE MENTIONS PRACTICE make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of BRISBANE MENTIONS PRACTICE) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
11.3.1 failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
11.3.2 the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
11.3.3 costs incurred as a result of you using the Website, the Services of BRISBANE MENTIONS PRACTICE; and
11.3.4 the Services or operation in respect to links which are provided for your convenience.
- Limitation of liability
12.1 BRISBANE MENTIONS PRACTICE’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
12.2 You expressly understand and agree that BRISBANE MENTIONS PRACTICE, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible lo
- Termination of Contract
13.1 The Terms will continue to apply until terminated by either you or by BRISBANE MENTIONS PRACTICE as set out below.
13.2 If you want to terminate the Terms, you may do so by:
13.2.1 providing BRISBANE MENTIONS PRACTICE with 7 days’ notice of your intention to terminate; and
request the closing of your account for all of the services which you use, where BRISBANE MENTIONS PRACTICE has made this option available to you.
13.3 Your notice should be sent, in writing, to BRISBANE MENTIONS PRACTICE via the ‘Contact Us’ link on our homepage.
13.4 BRISBANE MENTIONS PRACTICE may at any time, terminate the Terms with you if:
13.4.1 you have breached any provision of the Terms or intend to breach any provision;
13.4.2 BRISBANE MENTIONS PRACTICE is required to do so by law; and
13.4.3 the provision of the Services to you by BRISBANE MENTIONS PRACTICE is, in the opinion of BRISBANE MENTIONS PRACTICE, no longer commercially viable.
13.5 Subject to local applicable laws, BRISBANE MENTIONS PRACTICE reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts BRISBANE MENTIONS PRACTICE’s name or reputation or violates the rights of those of another party.
14.1 You agree to indemnify BRISBANE MENTIONS PRACTICE, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
14.1.1 all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
14.1.2 any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
14.1.3 any breach of the Terms.
- Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of the notice noted in clause 15.2 (‘Notice’) by the other party, the parties to the Terms (‘Parties‘) must:
15.3.1 Within 2 business days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
15.3.2 If for any reason whatsoever, 5 business days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
15.3.3 The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
15.3.4 The mediation will be held in Brisbane, Queensland, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
15.5 Termination of Mediation:
After 5 business days having elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
- Venue and Jurisdiction
16.1 The Services offered by BRISBANE MENTIONS PRACTICE is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
- Governing Law
17.1 The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
- Independent Legal Advice
18.1 All parties confirm and declare that the provisions of the Terms are fair and reasonable and all parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
19.1 If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.