TERMS OF ENGAGEMENT

This is the Terms of Engagement for the website www.newwavelegal.com.au owned and operated by New Wave Legal and Business Services Pty Ltd ACN 640 768 841 (“I”, “we”, “me”, “us”, “our” or “my”).

DEFINITIONS 

The following definitions apply to this Terms of Engagement:  

“Account” means the account registered with the Website 

“Fee” means the payment for the Products and Services 

“Products and Services” means the products and services provided by New Wave Legal through its Website. 

“New Wave Legal” means New Wave Legal and Business Services Pty Ltd ACN 640 768 841

“Notice” means any written notice to be served on any party under these Terms 

“Terms” means these Terms of Engagement 

“You” means the end user of the Website including those who register and use the Products and Services  

“Website” means www.newwavelegal.com.au 

A. ABOUT THE WEBSITE

(1) The Website is solely owned and operated by New Wave Legal and Business Services Pty Ltd ACN 640 768 841

(2) Access to and use of the Website and any electronic products or services accessible via the website is provided by New Wave Legal. 

(3) By using, browsing and/or reading the Website, you indicate that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease use of the Website immediately.

(4) We reserve the right to review and change any of the Terms by updating this document at our sole discretion. If we decide to change the Terms, we will post a copy of our revised Terms on our website or otherwise make a copy of it available to you and 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. 

(5) Before you continue, we recommend you keep a copy of the Terms for your records.

B. APPLICATION OF THESE TERMS

(1) These Terms apply to the Website and to the Products and Services, with the exception of legal advice provided in accordance with the Legal Profession Uniform Law (NSW) and associated rules and regulations.

(2) Legal advice provided by New Wave Legal to its clients is subject to separate solicitor-client agreement under the Legal Profession Uniform Law (NSW) and associated rules and regulations. Documentation in relation to the solicitor-client agreement will be provided to clients by separate communication.

(3) These Terms will apply to clients to the extent that they use the Website to access the Products or Services and will operate in conjunction with any solicitor-client agreement. 

(4) In the event of a conflict between these Terms and a term of any solicitor-client agreement, the terms of the lawyer-client agreement will prevail.

C. ACCEPTANCE OF THE TERMS

(1) You accept the Terms by remaining on the Website. 

(2) You may also accept the Terms by clicking “Accept” or “Agree” where this option is made available to you in the Website. 

D. REGISTRATION TO USE PRODUCTS OR SERVICES

(1) To access certain Products or Services, you may be required to register for an account through our Website and create an Account. 

(2) As part of the registration process, or as part of your continued use of the Products or Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

i. an email address;

ii. a mailing address;

iii. a telephone number

(3) You warrant that any information you give to us in completing the registration process is accurate and correct at the time you provide it and that you will provide updated information as and when the information becomes out of date.

(4) Once you have completed the registration process, you will be a registered member of the Website and agree to be bound by the Terms.

(5) You may not use the Products and Services and may not accept the Terms if:

i. you are not of legal age to form a binding contract with New Wave Legal; or

ii. you are a person barred from receiving the Products or Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Products or Services.

E. PAYMENT

(1) Where the option is given to you, you may make payment for the Products and Services by way of:

i. Electronic funds transfer (‘EFT’) into our nominated bank account;

ii. Credit Card Payment (‘Credit Card’); or 

iii. any other method of payment accepted by New Wave Legal from time to time.

(2) In using the Website or Products and Services, or when making any payment in relation to your use of the Products and Services, you warrant that you have read, understood and agree to be bound by the terms and conditions of any payment gateway, as will be available on their respective websites.

(3) You acknowledge and agree that where a request for the payment of the 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 Fee and that New Wave Legal may immediately withdraw access to any Products and Services unpaid for.

(4) You agree and acknowledge that New Wave Legal can vary the Fee at any time on notice, and that such notice is given by posting the updated Fee on the website.

F. REFUND POLICY

(1)These Terms do not affect the rights, entitlements and remedies conferred by the Australian Consumer Law.

(2)Where New Wave Legal makes a supply of Products to you for the purposes of the Australian Consumer Law, if New Wave Legal or any of its employees, sub-contractors or agents fails to comply with any condition, warranty or guarantee, including a consumer guarantee under Division 1 of Part 3-2 of the Australian Consumer Law (other than a guarantee under section 51, 52 or 53), then New Wave Legal’s liability for breach of the guarantee is limited, at New Wave Legal’s option, to:

i. repair of the Products;

ii. payment of the cost of replacing the Products or acquiring equivalent products; or

iii. payment of the cost of having the Products repaired;

iv. such other remedy as is fair and reasonable in the circumstances and which New Wave Legal is ready and willing to provide.  

(3)New Wave Legal will not be held liable for any consequential loss or damage or other direct or indirect loss or damage.

(4)Where New Wave Legal makes a supply of Services to you for the purposes of the Australian Consumer Law, if New Wave Legal or any of its employees, sub-contractors or agents fails to comply with any condition, warranty or guarantee, including a consumer guarantee under Division 1 of Part 3-2 of the Australian Consumer Law, then New Wave Legal’s liability for breach of the guarantee is limited, at New Wave Legal’s option, to:

i. supplying the Services again;

ii. payment of the cost of having the services supplied again; or

iii. such other remedy as is fair and reasonable in the circumstances and which New Wave Legal is ready and willing to provide. 

(5)New Wave Legal will not be liability for any consequential loss or damage or other direct or indirect loss or damage.

(6) In circumstances where the Australian Consumer Law does not apply, New Wave Legal will only provide a refund if:

i. New Wave Legal is unable to continue to provide the Products and Services; or

ii. New Wave Legal decides, in its absolute discretion, that it is reasonable to do so under the circumstances.

G. COPYRIGHT AND INTELLECTUAL PROPERTY

(1)The Website, Products and Services and all related products of New Wave 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 Products and 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) are owned or controlled for these purposes and are reserved by New Wave Legal or its contributors.

(2)All trademarks, service marks and trade names are owned, registered and/or licensed by New Wave Legal, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

i. use the Website pursuant to the Terms;

ii. copy and store the Website and the material contained in the Website in your device’s cache memory; and

iii. print pages from the Website for your own personal and non-commercial use.

(3)New Wave Legal does not grant you any other rights whatsoever in relation to the Website, Products and Services. All other rights are expressly reserved by New Wave Legal.

(4)New Wave Legal retains all rights, title and interest in and to the Website and Products and Services. Nothing you do on or in relation to the Website will transfer any:

i. business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or

ii. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

iii. 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

(5)You may not, without the prior written permission of New Wave 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 Products and Services for any purpose, unless otherwise provided by these      Terms. 

(6)This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

H. TERMINATION OF CONTRACT

(1)The Terms will continue to apply until terminated by either you or by New Wave Legal as set out below.

(2)If you want to terminate the Terms, you may do so by:

i. providing New Wave Legal with 5 days’ written notice of your intention to terminate; and

ii. closing your Account for all Products and Services which you use, where New Wave Legal has made this option       available to you. Your notice should be sent, in writing, by email to New Wave Legal at info@newwavelegal.com.au.

(3)New Wave Legal may at any time, terminate the Terms with you if:

i. you have breached any provision of the Terms;

ii. New Wave Legal is required to do so by law;

iii. the provision of the Products and Services to you by New Wave Legal is, in the opinion of New Wave Legal, no longer commercially viable.

(4)Subject to local applicable laws, New Wave Legal 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 Products and Services without notice if you breach any provision of the Terms or any applicable law or if your      conduct impacts New Wave Legal’s name or reputation or violates the rights of those of another party.

I. INDEMNITY

Subject to the foregoing clauses and to the extent permitted by law, you agree to indemnify New Wave Legal, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

i. 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 the Website, Products and Services

ii. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

iii. any breach of these Terms.

J. DISPUTE RESOLUTION

(1)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).

(2) A party claiming that a 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.

(3) On receipt of that Notice by that other party, the parties to the Terms must:

i. Within 30 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;

ii. If for any reason whatsoever, 30 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 Law Society Mediation Program or his or her nominee;

iii. 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;

iv. The mediation will be held in New South Wales, Australia.

(4) All communications concerning negotiations made by the Parties arising out of 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.

(5) If 30 days 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.

K. INDEPENDENT LEGAL ADVICE 

You confirm and declare that

i. You have read and understood the Terms;

ii. the Terms are fair and reasonable;

iii. you have taken the opportunity to obtain independent legal advice or, having been afforded the opportunity to obtain independent legal advice, have chosen not to do so;

iv. they have been afforded the opportunity to negotiate changes or amendments to the Terms; and

v. the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

L. SEVERANCE

(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.

M. GOVERNING LAW

(1) These Terms are governed by the laws of New South Wales, Australia. 

Last Updated: 5 May 2021