Terms & Conditions

Need help? Call us on (03) 9427 8888
  • About the Website
    • Welcome to www.abbots.com.au (the 'Website'). The Website provide draft online legal documentation (the 'Services').
    • The Website is operated by ABBOTS INCORPORATION SERVICES PTY LTD ACN: 006 965 117, referred to as ABBOTS hereafter. Access to and use of the Website, or any of its associated Products or Services, is provided by ABBOTS. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
    • ABBOTS reserves the right to review and change any of the Terms by updating this page at its sole discretion. 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.
  • Acceptance of the Terms
    • You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by ABBOTS in the user interface.
    • When you place an order through our Website or via email for any the Services or ancillary documents with ABBOTS. you agree that you accept the version of these Terms that apply at the time of order.
  • Registration to use the Services
    • You will be required to register for an account through the Website before you can access the Services (the 'Account').
    • As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
      • Email address
      • Mailing address
      • Telephone number
      • Password
      • Date of birth
    • You warrant that any information you give to ABBOTS in the course of completing the registration process will always be accurate, correct and up to date.
    • Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the 'Subscription Period').
    • You may not use the Services and may not accept the Terms if:
      • you are not of legal age to form a binding contract with ABBOTS; or
      • you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
      • you are a person who is not a financial professional.
  • Your obligations as a Member
    • As a Member, you agree to comply with the following:
      • you will use the Services only for purposes that are permitted by:
      • you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
      • any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify ABBOTS of any unauthorised use of your password or email address or any breach of security of which you have become aware;
      • access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of ABBOTS providing the Services;
      • you will not use the Services or the Website in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of ABBOTS;
      • you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
      • you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by ABBOTS for any illegal or unauthorised use of the Website; and
      • you acknowledge and agree that any automated use of the Website or its Services is prohibited.
  • Payment
    • Where the option is given to you, you may make payment for services by way of:
      • Electronic funds transfer('EFT') into our nominated bank account
      • Credit Card Payment ('Credit Card')
      • Cash ('Cash')
      • Cheque ('Cheque')
      • Credit Account ('Credit Account')
    • Any other payment form approved in writing by All payments made in the course of your use of the Services are made using NABTransact. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the NABTransact terms and conditions which are available on their website.
    • You acknowledge and agree that where a request for the payment for services 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 Subscription Fee, and any legal costs or interests resulting from the failure of payment
    • You agree and acknowledge that ABBOTS can vary the Service fees at any time and that the varied Service Fee will come into effect thereafter.
    • If you have a Credit Account with ABBOTS, the following terms and conditions will apply to your account:
    • A. You agree to pay the Services without offset or deduction within 7 days of receiving an invoice from ABBOTS;
    • B. If your Credit Account remains unpaid 7 days after receiving a tax invoice from ABBOTS, ABBOTS may charge you interest from the date on which the account became payable until you pay the Services in full, calculated in accordance with the Penalty Interest Rate Act 1983 (Vic) plus 5%;
    • C. If your Credit Account remains unpaid for 45 days, you hereby grant a charge in favour of ABBOTS over all estate and interest in any real property (i.e., land) and any other assets, whether tangible or intangible, in which you have any legal or beneficial interest or later acquire such interest. You acknowledge that ABBOTS is irrevocably and unconditionally entitled to:
    • I. Lodge a caveat against such real property; and/or
    • II. Enforce the security of personal property under a registration on the Personal Property Securities Register (PPSR)
    • III. You indemnify ABBOTS and agree to pay upon demand all costs and expenses in which we may incur relating to the enforcement or release of the charge/caveat.
    • D. All legal costs and associated fees are payable by the by the Member.
  • Refund Policy
    • Your online form request gives ABBOTS consent to prepare the requested documentation. If you have provided us with incorrect instruction that results in incorrected documentation, then ABBOTS is not held liable and will NOT be required to provide a refund. ABBOTS may at it’s sole and absolute discretion amend documents for an additional fee.
  • Copyright and Intellectual Property
    • The Website, the Services and all of the related products of ABBOTS 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 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) or the Services are owned or controlled for these purposes, and are reserved by ABBOTS or its contributors.
    • All trademarks, service marks and trade names are owned, registered and/or licensed by ABBOTS, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
      • use the Website pursuant to the Terms;
      • copy and store the Website and the material contained in the Website in your device's cache memory; and
      • print pages from the Website for your own personal and non-commercial use.
    • ABBOTS does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by ABBOTS.
    • ABBOTS retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
      • business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
      • a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
      • 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.
    • You may not, without the prior written permission of ABBOTS 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 Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
    • ABBOTS does not transfer to you title to any tangible copy, or original, of the documents or any other Site Material. All ownership and copyright in the Site Material belong solely to ABBOTS.
  • Privacy
    • ABBOTS takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to ABBOTS’ Privacy Policy, which is available on the Website.
  • General Disclaimer
    • Nothing in the 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.
    • Subject to this clause, and to the extent permitted by law:
      • all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
      • ABBOTS 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 Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
    • Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of ABBOTS make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of ABBOTS referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
      • 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;
      • the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
      • costs incurred as a result of you using the Website, the Services or any of the products of ABBOTS; and
      • the Services or operation in respect to links which are provided for your convenience.
      • ABBOTS does not warrant (express, implied or statutory) nor maintain the speed of data transmission along with your ability to access our Services. We do not guarantee and have no liability for the absence of continuous, uninterrupted access to our services as they may be disrupted by factors out of our control.
      • You agree that:
        • ABBOTS cannot, and do not, give you legal, tax, accounting, commercial or other professional advice;
        • ABBOTS is not a professional services firm;
        • ABBOTS cannot and do not warrant that a document you decide to order is appropriate or suits your needs;
        • ABBOTS cannot and do not warrant that your use of the Service is appropriate or suits your needs;
        • The legal, taxation, accounting and commercial effects of a document vary and a document's suitability will therefore vary according to particular circumstances;
        • Only you know the purpose for which you intend to apply a document that you order, and that ABBOTS are not responsible for the choice you make regarding the document that you order;
        • You must consult with a lawyer, taxation adviser, accountant, or commercial or other appropriately qualified professional adviser (not ABBOTS) for advice concerning the suitability of a document that you order using the Service;
        • The Services are general only, and that ABBOTS does not endorse and disclaims responsibility for them;
        • ABBOTS does not provide the information, commentary, advice and other documents (including sample letters) that appear on our Website.
        • ABBOTS does not retain copies of documents generated using the Service. Whilst you may regenerate a copy of a document previously generated by using the information you have previously uploaded in using the Service, ABBOTS does not warrant that an exact copy of the original document will and is not responsible for any errors or differences between the originally generated document and a subsequent version you elect to generate using the data previously uploaded;
        • ABBOTS disclaims responsibility for the information, commentary, advice and other documents (including sample letters) referred to in these Terms; and
        • ABBOTS is not a professional adviser and does not endorse that work. ABBOTS’s only responsibility is to engage a person with the relevant expertise to draft the relevant document which it does on the basis that you will seek appropriate advice in making use of that document in your particular circumstances.
    • Limitation of liability
      • ABBOTS 's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
      • You expressly understand and agree that ABBOTS, its affiliates, employees, agents, contributors 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.
      • ABBOTS make no warranties or representations as to the accuracy of the content of this website. Under no circumstances, including negligence, shall we or any party involved in creating, producing, or delivering the website be liable to you for any damages that result from the use of, or the inability to use, this website. Our total liability to you for all damages, losses, and causes of action shall not exceed the amount, if any, paid by you for accessing this website. We shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing in the website or your downloading of anything from this website.
      • ABBOTS confirms that we solely provide legal information, not legal advice and in no way can our services be construed as legal advice. ABBOTS will not be liable for any misinterpretation made by you.
    • Termination of Contract
      • The Terms will continue to apply until terminated by either you or by ABBOTS as set out below.
      • If you want to terminate the Terms, you may do so by:
        • providing ABBOTS with 14 days' notice of your intention to terminate; and
        • Clearing all outstanding monies owed.
        Your notice should be sent, in writing, to ABBOTS via the 'Contact Us' link on our homepage.
      • ABBOTS may at any time, terminate the Terms with you if:
        • you have breached any provision of the Terms or intend to breach any provision;
        • ABBOTS is required to do so by law;
        • If you try use our Services without having paid all relevant fees.
        • the provision of the Services to you by ABBOTS is, in the opinion of ABBOTS, no longer commercially viable.
      • Subject to local applicable laws, ABBOTS 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 Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts ABBOTS name or reputation or violates the rights of those of another party.
    • Indemnity
      • You agree to indemnify ABBOTS, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
        • 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 Your Content;
        • any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
        • any breach of the Terms.
    • Venue and Jurisdiction
      • The Services offered by ABBOTS 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.
    • Governing Law
      • 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.
    • Independent Legal Advice
      • 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.
    • Severance
      • 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.
TOP