Terms of Use

LEGAL GATEWAY – TERMS OF USE

These Terms of Use (the “User Terms”) govern your access and use of the Legal Gateway software (“Legal Gateway”) including any applications housed on Legal Gateway(“Apps”). Please read the User Terms carefully as use of Legal Gateway is considered acceptance of the terms herein.

1. LEGALLY BINDING

“Plexus”, “we”, “our” and “us” currently refers to Legal Gateway Pty Ltd ABN 21 617 750 437, Legal Gateway International Limited company number 10821301, Plexus Services Pty Ltd ABN 26 151 501 898 and our related/associated entities from time to time. These User Terms are a legally binding contract between you and us. If you access or use the range of services we provide, whether via Legal Gateway or otherwise (“Services”) or continue accessing or using the Services after any changes or updates to the User Terms, you confirm by your use, that you have read, understand and agree to be bound by the User Terms.

2. ACCESS BY AUTHORISED USER

Each organisation (“Client”) who has signed up to our Master Services Agreement or otherwise entered into a written agreement with us to use Legal Gateway (in either case, the “Contract”) is permitted to use Legal Gateway and invite Authorised Users (defined below). The Contract contains our commitment to deliver the Services to the Client, who may invite Authorised Users (defined below) to use Legal Gateway. You agree and confirm that you are using the Services as an employee or authorised representative (“Authorised User”) of a Client or are otherwise authorised on behalf of the Client to use Legal Gateway on their behalf.

These User Terms remain effective until your access to the Services has been terminated or suspended by the Client or us. Please contact the Client or us if you at any time or for any reason wish to terminate your access to Legal Gateway, including if you do not agree with any changes to these User Terms.

3.AUTHORISED USER OBLIGATIONS

When you submit information to or generate information on Legal Gateway, such as input data, messages, documents or files (“Client Data”), you acknowledge and agree that the Client Data is owned by the Client and the Contract provides the Client with absolute control over that Client Data.

You must ensure you prevent unauthorised access to or use of Legal Gateway and you must keep all Client Data, passwords and all other login information strictly confidential.

You warrant, represent and undertake that you will not use Legal Gateway (and the Services) or upload documents or content (“Content’”):

-that violates or infringes anyone’s intellectual property rights;

-that violates, or attempts to violate, any security components of the Service or Content or security technology or software. You agree not to, nor attempt to, nor encourage or assist a third party to or to attempt to, violate, circumvent, modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components used to administer the Services for any reason whatsoever or interfere with, remove or alter any rights management information in relation to the Content;

-in a way that permits any third party that is not an Authorised User to access or use a username or password for the Services;

-to share, transfer or otherwise provide access to an account designated for you to another person;

-to upload to, or transmit from, Legal Gateway, any data, file, document, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component or a technology that unlawfully accesses or downloads content or information stored within the Services or on the hardware of Plexus or any third party;

-to attempt to gain unauthorised access to the Services or related systems or networks or to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection or monitoring mechanisms of the Services; and

-to access the Services in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Services.

4. OUR OBLIGATIONS

We may take any action we determine to be appropriate (including disabling your account) if the Client does not take appropriate action if reasonably requested to do so by us, or we believe there is a credible risk of harm to us, the Services, Authorised Users, or any third parties.

5. LIMITATION OF LIABILITY

To the extent permitted by law, you agree that Plexus is not liable or responsible for any reliance you place on the completeness, accuracy, or existence of any documentation/information generated on Legal Gateway, of advertising/marketing or the outcomes of relationships and transactions you may have with third parties. To the extent permitted by law, you agree that Plexus is not liable or responsible for any changes Plexus makes to its Services, for any permanent or temporary restrictions or cessations of the Services, or for any harm this may cause you, or for the deletion of, corruption of, or failure to store any Content or other data used in or maintained by the Services, or for your failure to provide correct, accurate, and up-to-date account information.

Our total aggregate liability to you whether in contract, tort, misrepresentation, restitution or otherwise, arising in connection with these User Terms is limited the total fees paid by the Client under the Contract during the 12 months immediately preceding the date on which the claim arose (“Liability Cap”). To the extent permitted by law, in the event a court of competent jurisdiction finds us liable, you agree that our liability may be settled in the following ways (at our sole election):

1. resupplying of the relevant software or Services;

2. repairing the relevant software; or

3. paying the cost of having the relevant software or Services resupplied.

To the extent permitted by law, our liability to you is further limited to the extent that you cause or contribute to your loss by your act or omission and we are not liable to you whether in tort, contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, business interruption, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these User Terms.

6. SERVICE LIMITATIONS

You acknowledge, agree and understand that you use Legal Gateway and the Service (including Content) at your own risk and that the Services is provided by Plexus “as is” and “as available” without warranties of any kind, either expressed or implied save to the extent of those warranties implied by the Competition and Consumer Act 2010 or any similar legislation.

You acknowledge that our liability for breach of a condition or warranty implied by the Competitions and Consumer Act 2010 or any similar legislation in relation to the supply of Services not of a kind ordinarily acquired for personal domestic or household use or consumption, is limited, at our option, to the supply of the Services again or the payment of the cost of having the Services supplied again.

To the extent permitted by law, Plexus does not guarantee that the Services will meet your requirements or expectations, that your use of the service will be uninterrupted, timely, secure, or free from errors, that information obtained from the Service will be accurate or reliable or that defects in relation to Legal Gateway or the Service can or will be corrected.

Any Content provided to you when using Legal Gateway (and the Services) is obtained at your own risk. You will be solely responsible for any damage to your computer system or other device used to access Legal Gateway or the Services through downloading or otherwise obtaining that Content.

To the extent permitted by law, information and advice received from Plexus, its users, or its Content, whether oral or written, shall not constitute any warranty not otherwise expressed in the User Terms.

7. NOTIFICATIONS

You acknowledge and agree to be bound by these User Terms despite any event of termination, or expiration of the Contract or your status as an Authorised User.

Except as otherwise set forth herein, all notices under the User Terms will be by in-App notification or by email to the email address associated with the Authorised User account. A notice will be deemed to have been duly given the day after it is posted on the App, or, in the case of a notice sent through email the day it is sent.

8. PRIVACY POLICY

You acknowledge and agree that you have read our Privacy Policy in relation to information on how we collect and use data relating to the use and performance of our products.

We may, in connection with your use of Legal Gateway or the Services, collect information, including personal information, through the use of cookies, flash cookies and other analytical tools for the purposes of enhancing your experience and improving Legal Gateway and the Services. This information may be provided to our third-party service providers from time-to-time to facilitate or achieve these purposes.

9. MODIFICATIONS

We reserve the right to update and change these User Terms at any time without notice. You can review the most current version of the User Terms at any time by visiting this page or any of our online websites. Any revisions to these User Terms will become effective on the date that we publish the change. If you use the Services after the effective date of any changes, that use will constitute your acceptance of the revised terms and conditions.

10. WAIVER

No failure or delay by either party in exercising any right under the User Terms, will constitute a waiver of that right. No waiver under the User Terms will be effective unless made in writing and signed by an Authorised Representative of the party being deemed to have granted the waiver.

11. SEVERABILITY

If any provision of the User Terms is held by a court of competent jurisdiction to be contrary to law, you agree that the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the User Terms will remain in effect.

12. ASSIGNMENT

You may not assign any of your rights or delegate your obligations under these User Terms, whether by operation of law or otherwise, without the prior written consent of us. We may assign these User Terms without your consent.

13. GOVERNING LAW

The laws of Victoria, Australia apply to this agreement to the exclusion of any other law. You submit to the exclusive jurisdiction of the courts of Victoria, Australia.

14. CONTACTING PLEXUS

Please contact us if you have any questions about these User Terms. You may contact us at [email protected]