Terms & Conditions

Please read these terms of use carefully as they apply to your use of the website available at https://www.carteroneill.com.au (Site) and your use of any products available on the site or associated platforms (Platforms).   

By using the Site and/or Platform/s, you warrant that you: (i) are at least 18 years of age and have legal capacity to enter into a binding contract; (ii) have had sufficient opportunity to access and read these terms of use; (iii) have accepted that these terms of use apply to your use of the Site and/or Platform; and (iv) will comply with the terms of use.  Carter O’Neill Legal Pty Ltd (ABN 52 616 504 780 / ACN 616 504 780 ) (we, our or us) may amend these terms of use at any time.  Your continued use of the Site and/or Platform is deemed to be acceptance of any amendment to these terms of use.

Collection Notice

We collect personal information about you in order to provide services, respond to enquiries, perform marketing and promotion activities, and for purposes otherwise set out in our Privacy Policy.  We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law.  If you do not provide this information, we may not be able to provide all of our services to you.   

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us using the contact details specified in our Privacy Policy.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in our Privacy Policy and these Terms of Use.

Not Legal Advice

The content of the Site and Platform is for general information purposes only and should be viewed as current only at the time of first publication.  This content does not take into account your specific needs, objectives or circumstances.  The content of the Site and Platform is not and must not be used as legal advice or any other form of legal service.  If you want legal advice, you must seek specific advice tailored to your circumstances.  Any reliance you place on any content of the Site and/or Platform is at your own risk.

Limited Liability

We make no warranties or representations about the Site, Platform or any of its content.  We are not responsible to you or anyone else for any direct or consequential loss suffered in connection with the use of the Site and/or Platform.  We exclude, to the fullest extent permitted by law, any liability for any direct, indirect, special or consequential loss or damage which may be suffered as a result of use of the Site and/or Platform.  By using the Site and/or Platform, you agree to indemnify us for any loss or liability arising out of you and/or your employees, contractors or agents using the Site and/or Platform.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of the Site or Platform.  You must take your own precautions to protect your devices and computer systems from viruses or anything else (such as worms or Trojan horses) that may interfere with or damage those devices and computer systems.

This clause survives termination of these terms of use.

Additional Disclaimer – General Information Products

Carter O’Neill Legal publishes certain products known as general information products.  These products can be accessed on the Platform, as well as the Site (by embedding of the Platform).  These products are general information products that are in the form of interactive tools that you can use to create customised documents.  These documents are automatically generated based on your inputs – they are not reviewed by a lawyer or anyone else before they are available for download.

These products and the automatically generated documents generated by use of the products (collectively referred to thereafter as the Products) are not legal advice or a substitute for legal advice, and we are not acting as your lawyer by making the Products available to you.  The Products: do not take into account the individual requirements and circumstances of you or your business; may contain mistakes, inaccuracies and/or errors; and may not be accurate, complete and/or suitable for your purposes.  Your use of any Product is at your own risk.

You should consider whether a Product is accurate and appropriate for your circumstances, carry out your own research, and seek appropriate legal and financial advice before relying on any content or document.

We exclude, to the fullest extent permitted by law, any liability for any direct, indirect, special or consequential loss or damage which may be suffered as a result of use of the Products.  By using the Products, you agree to indemnify us for any loss or liability arising out of you and/or your employees, contractors or agents using the Site and/or Platform.

Carter O'Neill Legal is not acting as your legal representative by providing the Products.  If you require legal advice or legal services, you should instruct a lawyer to provide these services.  Please contact us if you would like us to find out more about how we can provide these services to you.   

This clause survives termination of these terms of use.

Implied terms

To the fullest extent permitted by law, any condition or warranty which would otherwise be implied in this Agreement is hereby excluded.

Where a condition or warranty is implied into these Terms of Use by legislation, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty the condition or warranty shall be deemed to be included.  However, our liability for any breach of such condition or warranty shall be limited to the advertised price of the re-supply of our services or the Product (as applicable).   

Purchases

You may choose to purchase products on the Platform, as well as the Site (by embedding of the Platform).  By electing to purchase a product, you agree to pay the advertised price and any additional fees including transaction fees listed when you place your order, using your elected form of payment.  You also warrant that:

1. you are authorised to use the credit card, merchant account or other account that you use to make this payment; and
2. you will keep all billing information current at all times.

All payments are managed and processed by LawTap Pty Ltd (“LawTap”) and/or RapidPay (which comprises the service RapidPay and the websites www.rapidpay.com.au and www.rapidpaylegal.com.au) is operated by Rapid Financial Services Solutions Pty Limited ABN 25 603 888 179, AFSL 485573 as a third party merchants. We receive a portion of your payment from RapidPay or LawTap, less any fees.  We are not otherwise involved in the processing of your purchase, nor do we collect or use any of your credit card or other personal payment information.

If you choose to obtain a loan through Plenti Pty Limited ("Plenti") you do so as a customer of Plenti and will obtain your own independent financial advice and read their Product Disclosure Statement carefully and in its entirety prior to making any decision about investing in the Plenti Lending Platform (ARSN 169 500 449) for any personal loans or litigation funding loans.

If you believe there has been a mistake or unauthorised transaction on your account, we encourage you to notify RapidPay or LawTap.  You may also notify us along with details of the transaction.  You may also have rights to dispute transactions with your financial institution.  Please contact RapidPay or LawTap and your financial institution (as applicable) for more information.  

Intellectual Property and Copyright

Unless otherwise indicated, we own or licence from third parties all rights, title and interests (including copyright, designs, patents, trademarks and other intellectual property rights) and in all of the material (including all text, graphics, logos, audio and software) in all content of the Site and all Products (Content).

Your use of the Site and Products and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this mobile app or the Content.  However we do grant you a licence on the terms and conditions set out in this Terms of Use and, where applicable, as expressly authorised by us and/or our third party licensors.

You are welcome to link to the Site and/or Platform.  It is your responsibility to maintain the currency of such links.  We reserve the right to deny any person permission to link to the Site and/or Platform.

If you wish to reproduce any content (including Content) published or otherwise accessible via the Site and/or Platform, you must make a written request for and obtain our written permission before doing so.  If we grant our permission, you must give appropriate attribution to the author, firm and date of first publication.  Please direct all requests to info@carteroneill.com.au. 

All other use, copying or reproduction of the whole or any part of the Content it is prohibited, except to the extent permitted by law.

No Commercial Use

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within the Site and/or Platform.

External Links

The external linked sites within the Site and Platform are not under our control.  These third party links are provided for convenience and may not remain current or be maintained.  We do not take responsibility for the content in, or currency of, any externally linked sites.  The inclusion of any link within the Site and/or Platform does not imply our endorsement of the linked website, nor does it necessarily suggest any relationship with the organisation linked.

Whole Agreement

These terms of use represent the whole agreement between you and Carter O’Neill Legal concerning your use of the Site and Platform and supersedes any prior conduct, arrangement, agreement or understanding in relation to its subject matter.  All implied terms are expressly excluded to the maximum extent permitted by law. 

You May Be a Party to Additional Agreements

Please note that your use of the Platform may also be governed by other terms of use/agreement(s) between you and RapidPay or LawTap (Additional Terms).  You must ensure, and are solely responsible for ensuring, that you read, understand and agree to be bound by the Additional Terms before using the products published on the Platform or the Site.  By using a product, you warrant that you are at least 18 years of age and have legal capacity to enter into a binding contract, have had sufficient opportunity to access and read the Additional Terms, and agree to be bound by those Additional Terms. 

Relationship

Your use of the Site and/or Platform does not create a lawyer-client relationship between you and us, even in circumstances where Content has been authored by a lawyer.

Severability

Any clause or part of a clause of this agreement which is void, illegal or unenforceable will be deemed deleted but only to the extent necessary and the remainder of the agreement shall remain in full force and effect.

Governing Law

The Site and your use of the Site are governed by the laws of New South Wales, Australia.