TERMS OF USE

These Terms of Use (“Terms”) govern your use of this website (“Site”) and form a binding contractual agreement between you, the user of the Site and us, MKI Legal Pty Ltd and Legal Check Pty Ltd both of care of MKI Legal, Level 4, 200 Adelaide Terrace, East Perth, WA, Australia.

MKI Legal is an Australian law firm owned by MKI Legal Pty Ltd. This website is owned and operated by Legal Check Pty Ltd and licensed to MKI Legal. Legal Check is not a law firm but a legal technology company. Legal Check is an associated entity of MKI Legal. All your legal dealings will be with MKI Legal and their legal team.

For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us on help@estatesplus.com.au.


LICENSE TO USE SITE

We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this Agreement.

You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.

You must not add any content to the Site:

  • Unless you hold all necessary rights, licences and consents to do so;
  • That would cause you or us to breach any law, regulation, rule, code or other legal obligation;
  • That is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
  • That would bring us, or the Site, into disrepute; or
  • That infringes the intellectual property or other rights of any person.

You acknowledge and agree that:

  • Legal Check Pty Ltd retains complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and
  • The Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).

INTELLECTUAL PROPERTY RIGHTS

Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, Legal Check Pty Ltd owns all intellectual property rights in the Site.

By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.

You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

The licence in the above paragraph will survive any termination of these Terms. You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in the above paragraphs.


WARRANTIES

You acknowledge and agree that:

  • You have the legal capacity to enter these Terms; and
  • You have complied with your obligations under these Terms

INFORMATION & MATERIAL ON THIS SITE

The information on this Site is provided for general information purposes only and should not be relied on as legal advice or as a substitute for legal advice.


NO LEGAL RELATIONSHIP OR ADVICE

Nothing on this Site, including all our dealings with you in regard to the preparation of documents such as a will, grant of probate application or grant of letters of administration application should be taken as giving rise to a lawyer-client relationship between you and us, or any other party.

No legal advice is provided to you in relation to the preparation of documents such as a will, grant of probate or grant of letters of administration application.


We make no representation or warranty:

  • That the material on this Site is free from viruses or other defects;
  • To the accuracy of the information on this Site;
  • To the accuracy of the information on any third party websites that we may link to; and
  • That we endorse, sponsor or approve any information on third party websites that we may link to.

LIABILITY

To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.

To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:

  • In the case of goods: the replacement of the goods or the supply of equivalent goods; or the repair of the goods; or the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of having the goods repaired, and
  • In the case of services: the supply of the services again; or the payment of the cost of having the services supplied again.

TERMINATION

These Terms terminate automatically if, for any reason, we cease to operate the Site.

We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.


GENERAL

You must not assign, sub-licence or otherwise deal in any other way with any of your rights under these Terms.

If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by it.

These Terms will be governed by the laws of Western Australia and the parties agree that they will submit to exclusive jurisdiction of the courts of Western Australia and courts entitled to hear appeals from those courts.

No variation or waiver of, or any consent to any departure by a party from a provision of this agreement is of any force or effect unless it is confirmed in writing signed by that party and then that variation, waiver or consent is effective only to the extent for which it may be made or given.

A rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of these Terms or any part of it.

Headings are for reference purposes only and do not affect interpretation.

Any reference to a party to this document includes its successors and permitted assigns.

We may update these terms without notice to you.

Terms updated on 13 July 2020