WEBSITE TERMS AND CONDITIONS OF USE

PLEASE NOTE ALL INFORMATION ON THIS SITE IS OF A GENERAL NATURE ONLY AND IS NOT INTENDED TO BE RELIED UPON AS, NOR TO BE A SUBSTITUTE FOR, SPECIFIC LEGAL PROFESSIONAL ADVICE. NO RESPONSIBILITY FOR THE LOSS OCCASIONED TO ANY PERSON ACTING ON OR REFRAINING FROM ACTION AS A RESULT OF ANY MATERIAL PUBLISHED CAN BE ACCEPTED.

1. 1. AGREEMENT BETWEEN USER AND LAUNCH LEGAL PTY LTD

1.1. Welcome to www.launchlegal.com.au (our ‘Website’). This Website provides you with an opportunity to browse various pages.

1.2. The Website is operated by Launch Legal Pty Ltd (ACN 602 269 803) (‘We’ or ‘Launch Legal’). Access to and use of the Website, or any of its associated Products or Services, is provided by Launch Legal. Please read these terms and conditions (the ‘Terms’) carefully.

1.3 By using, remaining on the Website, browsing and/or reading our Website, you accept that you have read, understood and agree to be bound by the Terms as drafted and without modification. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Launch Legal in the user interface.

1.4 If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately.

1.5 You agree that no joint venture, partnership, employment, or agency relationship exists between you and Launch Legal as a result of this agreement or use of the Website.

2. MODIFYING THESE TERMS OF USE

2.1. We reserve the right to review and change any of these Terms by updating this page at its sole discretion. When we update the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

3. LINKS TO THIRD PARTY SITES

3.1. Our Website may contain links to other websites (‘Linked Sites’) which are not under our control. We are not responsible for webcasting or any other form of transmission you might receive from a Linked Site. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Launch Legal of the site or any association with its operators.

4. NO UNLAWFUL OR PROHIBITED USE

4.1. As a condition of your use of our website, you warrant that you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

4.2. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

5. USE OF COMMUNICATION SERVICES

5.1. Our Website may contain a blog, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, ‘Communication Services’), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

5.1.1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

5.1.2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

5.1.3. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

5.1.4. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

5.1.5. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

5.1.6. Conduct or forward surveys, contests, pyramid schemes or chain letters.

5.1.7. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

5.1.8. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

5.1.9. Restrict or inhibit any other user from using and enjoying the Communication Services.

5.1.10. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

5.1.11. Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

5.1.12. Violate any applicable laws or regulations.

5.2. Launch Legal has no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

5.3. Launch Legal reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

5.4. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, Launch Legal specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised Launch Legal spokespersons, and their views do not necessarily reflect those of Launch Legal.

5.5. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

5.6. Launch Legal does not claim ownership of the materials you provide to us (including feedback and suggestions) or post, upload, input or submit to any Launch Legal website or its associated services (collectively ‘Submissions’). However, by posting, uploading, inputting, providing or submitting your Submission you are granting us, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

5.7. No compensation will be paid with respect to the use of your Submission, as provided herein. Launch Legal is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at our sole discretion.

5.8. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

6. LIABILITY DISCLAIMER

6.1. The information, software, products, and services included in or available through our web site may include inaccuracies or typographical errors. Changes are periodically added to the information uploaded. Launch Legal and/or its suppliers may make improvements and/or changes to our Website or the content on it at any time.

6.2. All information on this site is of a general nature only and is not intended to be relied upon as, nor to be a substitute for, specific professional advice. This includes but is not limited not relying on the Website for personal, medical, legal or financial decisions. No responsibility for the loss occasioned to any person acting on or refraining from action as a result of any material published can be accepted.

6.3. We make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on our Website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Launch Legal and/or its suppliers disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

6.4. To the maximum extent permitted by applicable law, in no event shall Launch Legal and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of our Website, with the delay or inability to use our Website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through our Website, or otherwise arising out of the use of our Website, whether based on contract, tort, negligence, strict liability or otherwise, even if Launch Legal or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any part of Website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using our Website.

5.3. We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Launch Legal Pty Ltd, www.launchlegal.com.au, its customers or third parties.

5.4. Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia. These may include, but are not limited to the USA.

5.5. If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.

5.6. By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy. Where we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information.

6. Security of your personal information

6.1. Launch Legal Pty Ltd is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

6.2. The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

6.3. We make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on our Website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Launch Legal and/or its suppliers disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

6.4. To the maximum extent permitted by applicable law, in no event shall Launch Legal and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of our Website, with the delay or inability to use our Website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through our Website, or otherwise arising out of the use of our Website, whether based on contract, tort, negligence, strict liability or otherwise, even if Launch Legal or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any part of Website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using our Website.

7. TERMINATION/ACCESS RESTRICTION

7.1. Launch Legal reserves the right, in its sole discretion, to terminate your access to our website and the related services or any portion thereof at any time, without notice.

8. COPYRIGHT AND INTELLECTUAL PROPERTY

8.1. The Website and all of the related products of Launch Legal are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by Launch Legal or its contributors.

8.2. Launch Legal retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Launch Legal; or
(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

8.3. You may not, without the prior written permission of Launch Legal 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 Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

8.4. All contents of the Website are: © Launch Legal Pty Ltd and/or its suppliers. All rights reserved. Use of the contents of the Website are not permitted without our express and written authorisation.

9. TRADEMARKS

9.1. Launch Legal’ name and logo is trademarked and may not be used without our express and written authorisation.

9.2. The names of actual companies and products mentioned herein may also be the trademarks of their respective owners.

9.3. Any rights not expressly granted by these terms and conditions are reserved.

10. PRIVACY

10.1. Launch Legal takes your privacy seriously and any information provided through your use of the Application are subject to Launch Legal’ Privacy Policy.

11. GENERAL DISCLAIMER

11.1. You acknowledge that Launch Legal does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the information available on the Website other than provided for pursuant to these Terms.

11.2. Nothing in these 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.

11.3. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b) Launch Legal 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 use of our Website, the information it contains or these Terms, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or

11.4. Use of the Website and any of the products of Launch Legal is at your own risk. Everything on the Website is provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Launch Legal make any express or implied representation or warranty about its Content or any products 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:
(a) 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;
(b) the accuracy, suitability or currency of any information on the Website, or any of its Content related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website;
(d) the Content or operation in respect to links which are provided for the User’s convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

12. LIMITATION OF LIABILITY

12.1. You expressly understand and agree that Launch Legal, its affiliates, employees, agents, contributors, third party content providers 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 loss.

12.2. Launch Legal is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or, whether posted or caused by users of the website of Launch Legal, by third parties or by any of the Purchase Services offered by Launch Legal.

13. INDEMNITY

13.1. You agree to indemnify Launch Legal, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) 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 any Content you post through the Website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(c) any breach of the Terms.

14. DISPUTE RESOLUTION

14.1. Compulsory:
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).

14.2. Notice:
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.

14.3. Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
(a) Within 14 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;
(b) If for any reason whatsoever, 14 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;
(c) 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;
(d) The mediation will be held in Melbourne, Australia.

14.4. Confidential
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.

14.5. Termination of Mediation:
If 2 weeks have 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.

15. VENUE AND JURISDICTION

15.1. The information offered by Launch Legal on its website 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 Victoria, Australia.

15.2. Use of the Website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Use of the Website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

16. GOVERNING LAW

16.1. The Terms are governed by the laws of Victoria, 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 Victoria, 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.

17. INDEPENDENT LEGAL ADVICE

17.1. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both 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.

18. SEVERANCE

18.1. 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.