PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. USE OF THIS WEBSITE INDICATES AGREEMENT WITH THEM.

Welcome to emplex.com.au, the website of Emplex Lawyers & Consultants.  If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy and Website Disclaimer govern Emplex Lawyers & Consultants’ relationship with you in relation to your use of this website.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Emplex Lawyers & Consultants and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

Do not use this website unless you have read these terms and conditions, and accept that they will govern your right to use and access our website and all of the courses, presentations, forms, documents or templates (collectively, the “Materials”) and information contained on it. By using this site, you signify your continued acceptance of these terms of use. If you choose to use emplex.com.au and any of the Materials or information on it, then Emplex Lawyers & Consultants will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Emplex Lawyers & Consultants’ rights and obligations to each other.

Amendment of Terms and Conditions

Emplex Lawyers & Consultants reserves the right to change modify, add or remove any part of these terms and conditions of use at any time and those changes shall take effect in respect of all subsequent uses by you of the website. You should therefore check these terms and conditions every time you use the website and only if you accept these terms and conditions should you proceed to access and use the Materials and information on the website. We will try to highlight any significant or substantive changes to you where possible but it is your responsibility to read the terms and conditions each time you use our website.

Notice on use of emplex.com.au Materials

Your use of this website is at your own risk. We give no warranties for the correct use or completion of the Materials and information provided on this website. If you use the Materials provided on this website incorrectly, you may suffer adversely: you may not get the document you wanted or the outcome you desired and you may suffer loss. Emplex Lawyers & Consultants is not responsible for your loss or damages suffered as a result of your use of the Materials on this website. They are made available for your use solely at your own risk and discretion.

Emplex Lawyers & Consultants does not give legal advice

Whilst the Materials and information on the emplex.com.au website have been prepared by experienced legal practitioners, neither Emplex Lawyers & Consultants nor emplex.com.au is providing legal advice. This website provides Materials and information that are tools to be used to prepare your legal and other documents. It is not intended to give you legal advice or provide you with any legal services; it is intended to provide you with useful documents and information that you use at your risk and discretion. The law is different from jurisdiction to jurisdiction and applies differently depending on individual circumstances, so no general information of the type we provide can be assured to fit every individual situation nor have we taken your personal circumstances into account. You should consult a lawyer in your jurisdiction to obtain specific legal advice for your particular needs and situation. Nothing on this website should be construed to be legal advice of any kind.

Consult your Legal Adviser

The law is different in each Jurisdiction of Australia. If you are unsure as to any of the terminology or any of the information or how it applies to your specific circumstances then you should consult your lawyer, retained by you on your own account.  Both the Materials and the information we provide on and through the website must, of necessity, be general and may not cover every situation that might arise. You should therefore consult a legal adviser for any legal problem that you might have.

emplex.com.au does not give financial or other advice

The information contained on this website is general in nature and does not take into account your specific objectives or circumstances. You should obtain your own financial and other advice before making any decision to use this website. You should consult a professional financial adviser, taxation adviser, accountant or other adviser to obtain specific advice for your particular situation. Nothing on this website should be construed as financial, legal or other advice of any kind.

Limitation of Liability

It is an essential precondition to you using the emplex.com.au website that you agree and accept that emplex.com.au and Emplex Lawyers & Consultants are not legally responsible for any loss or damage you may suffer related to your use of the website or Materials or information it provides, howsoever arising.  This includes your use or reliance on any third party content, links, comments or advertisements. Your use of or reliance on this website and any Materials or information on it is entirely at your own risk. 

It shall be your own responsibility to ensure that any Materials, products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information or Materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Competition and Consumer Act

For the purposes of Schedule 2 of the Australian Consumer Law, in particular-sections 51 to 53, 64 and 64A of Part 3-2 Division 1 Subdivision A of the Competition and Consumer Act 2010 (Cth), Emplex Lawyers & Consultants' liability for any breach of a term of this agreement is limited to:

1.     the supplying to you of the goods or services again; or

2.     the payment of the costs of having the goods or services supplied to you again.

Emplex Lawyers & Consultants' liability is, in all cases, limited and will not exceed, in any instance, the amount paid by you for any course, presentation, form, document, template or other item purchased from this website.

You must be over the age of 18 years to use this website and to access or obtain any of its Materials.

Links to other websites and information

emplex.com.au may from time to time provide links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Emplex Lawyers & Consultants or emplex.com.au and the owners of those websites. Emplex Lawyers & Consultants takes no responsibility for any of the content found on the linked websites. Emplex Lawyers & Consultants’ website may contain information or advertisements provided by third parties for which Emplex Lawyers & Consultants accepts no responsibility whatsoever.  Emplex Lawyers & Consultants are not providing any advice nor do we take any responsibility for any advice or other goods or services purchased or received by you from those third parties in this regard, for which the third party shall be wholly responsible to you.

Important Disclaimers

To the fullest extent permitted by law, Emplex Lawyers & Consultants absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Emplex Lawyers & Consultants gives no warranty that the information or Materials you obtain from this website will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components. Whilst we at all times endeavor to have the most accurate, reliable and up-to-date information on our website, Emplex Lawyers & Consultants does not warrant or make any representations regarding the use or the result of the use of any Materials or information on its website or as to their correctness, suitability, accuracy, reliability, or otherwise. It is your sole responsibility and not the responsibility of Emplex Lawyers & Consultants to bear any or all entire costs of reviewing, amending, updating and correction of any Materials or information obtained from this website. The applicable law in your jurisdiction may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website and its Materials and information. It is your responsibility to do so.

Delivery of Materials

Digital Materials are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital Materials. Should you have any technical problems downloading any of our Materials, please contact us so we may try to assist you.

Refund for Materials purchased on this website

emplex.com.au handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.

Should you wish to return any material you have purchased, please notify us within 14 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of Emplex Lawyers & Consultants.

Your Privacy

At emplex.com.au, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles established pursuant to the Privacy Act 1988 (Cth). Please read our separate Privacy Policy carefully.

You may view and change your details at any time by contacting us in writing via email. All information we receive from our customers is protected by our contracted secure servers. The emplex.com.au server’s software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card, PayPal or other customer payment information is not stored on our servers.

Third Parties

We do not and will not sell or deal in personal or customer information. We may however use your information (de-identified) to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

Disclosure of Information

Emplex Lawyers & Consultants may be required, in certain circumstances, to disclose information in good faith and where obligated to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer or client agreements; or to protect the rights, property or safety of our customers or third parties.

Exclusion of Competitors

If you are in the business of creating similar Materials, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Emplex Lawyers & Consultants. Emplex Lawyers & Consultants expressly excludes and does not permit you to use or access our website, to download any Materials or information from its website or obtain any such Materials or information through a third party. If you breach this term then Emplex Lawyers & Consultants will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unauthorised and improper use. Emplex Lawyers & Consultants reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.  If you wish to use or provide any of our information or Materials in or as part of your business, please contact us to obtain our commercial terms.

Copyright, Trademark and Restrictions of Use

This website contains material which is owned by or licensed to Emplex Lawyers & Consultants. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or Materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the Materials, documents or products that may be available for download from time to time on this website.

Emplex Lawyers & Consultants expressly reserves all copyright and trademark in all documents, information and Materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal and non-commercial use, but only if you acknowledge the website as the source of the material. If you wish to use or provide any of our information or Materials in or as part of your business, please contact Emplex Lawyers & Consultants to obtain our commercial terms.

You may not, except with our express written permission, distribute or commercially exploit the content of this website. Nor may you transmit it or store it on any other website or in any other form of electronic retrieval system.  If you wish to use any information or Materials in or as part of your employment, please contact us to obtain our commercial terms.

Whole Agreement

These terms and conditions represent the whole agreement between you and Emplex Lawyers & Consultants concerning your use and access to its emplex.com.au website and your use and access to the Materials and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

Exclusion of Unenforceable Terms

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

Jurisdiction

This agreement and this website are subject to the laws of Victoria and Australia. If there is a dispute between you and emplex.com.au/Emplex Lawyers & Consultants that results in litigation then you must submit to the jurisdiction of the courts of Victoria.