Terms of Use

About our basic documents and services: ‘Do it yourself’ Docs and ‘Do it with me’ Docs

We price our basic template documents as ‘Do it yourself’ template documents (DIY Docs) so they are accessible for people who want or need a basic business document and they want it now without waiting for a lawyer!

• Creating a document that is simple and readable, as well as covering every single potential issue that might crop up for every type of business and industry is pretty much impossible (but we’ll keep trying!)

• Our DIY Docs and other Resources might not work for your individual circumstances, so do not offer any warranties or guarantees for DIY Docs.

• DIY Docs are good for businesses starting out or low risk and low value transactions only – not for critical business activities, or businesses wanting to grow. As your business grows or issues become higher value or higher risk, consider engaging a lawyer for more tailored advice.

Paying for Resources

For most documents, products, Resources, and other items you buy from us, you will need to pay for them at once.

• We may agree to alternative payment arrangements with you in writing.

• If products or services requirement payment, and you do not pay for them, you are not entitled to use them or otherwise benefit from them.

Payment options - We have a few payment options available on our Sites.

• The payment method you choose might have extra conditions imposed by the relevant payment processor (or by your bank, e.g. currency conversions). Please check the conditions before using your selected payment method.

Prices

Prices we display on our Sites are:

• in AUD (Australian currency) unless we clearly say otherwise; and

• include GST (if it applies).

We might update our prices from time to time. We don’t have to give you notice if we change our pricing (because it’s our pricing!).

Refunds

If you buy something from us and hate it, let’s talk about it

• We want satisfied customers, so if there is something wrong let us know and we will try to fix it.

Your rights at law: Consumer Guarantees

Consumers have certain rights under the Australian Consumer Law (ACL), and nothing in these Terms excludes your rights to Consumer Guarantees.

We don’t tolerate bad behaviour on our Sites

Engaging in this kind of bad behaviour may result in us reporting you to relevant authorities and/or removing your access to our Site and Resources without notice.

❌ When you use our Site and Resources, you must not do (or try to do) anything unlawful or which we reasonably think is inappropriate or might damage our reputation.

❌ You must not breach anyone’s privacy or other legal rights (including uploading private or personal info without consent).

❌ We’re okay with a friendly, professional debate or reasoned disagreement… What we will not tolerate is any behaviour which offends, humiliates, intimidates, insults, or ridicules another person based on attributes including race, sexual orientation, religion, gender identity and disability.

❌ Don’t use our Site to defame or harass any person, or to send unsolicited email messages (i.e. SPAM).

❌ Don’t interfere with other people using our Site.

❌ You must not tamper with or modify our Site, or knowingly send viruses or other disabling features, including by using trojan horses or programming routines that may damage or interfere with our Site.

Closing down our Site or excluding you from our Site

We may, at any time and without notice to you, close our Site or parts of it.

• We can exclude anyone from our Site. This will generally be because they engaged in the bad behaviour mentioned above.

• We are not responsible for any loss or damage you suffer in connection with our decision to exclude you from the Site or close down the Site.

We can use the content you upload to our Site

We may let you post, upload, or submit information or content to the Site (User Content).

• If you post User Content to our Sites, you grant us a broad global, transferable, and royalty-free licence to use that User Content as we see fit.

• This means we might use, copy, adapt, distribute, license, transfer, disclose, publicly display, & make use of such User Content via our Sites. If you make User Content available on our Site, you are fully responsible for it.

• You represent to us you either own or have the appropriate rights to use User Content and can grant us the rights to make use of such User Content as set out in these Terms.

• You also promise us that making the User Content available on the Site won’t infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may remove any User Content at any time.

Changes

Changes to our product and service descriptions

Sometimes we might need to update pricing or descriptions of products and services

• We might need to refuse or cancel your online orders if our Site information or products and services are incorrect. We try to do this within a reasonable time of realising the error.

Changes to these Terms

We may change these Terms at any time, whenever we want, just to match our mood.

• When we do, we put the updated Terms on our Site and, if possible, we also notify you via email

• When you visit our Site, check the Terms each time to make sure you are still happy to use the Site on these conditions

Resources and our Site change all the time and may change without notice to you.

• We do not promise to keep our Site updated, so we aren’t responsible if our resources or info are inaccurate or out-of-date.

We limit our liability

Checklist Legal and our officers, employees and related entities limit our liability to you as follows:

To the maximum extent allowed by law, we are not responsible for any loss or damage arising from or in connection with your use of our Site or Resources.

• We cannot guarantee our Resources are correct, up-to-date, and suitable for any particular purpose other than general amusement, and even then, no promises.

• We cannot guarantee Site access will be continuous or error-free (you know what technology is like sometimes).

• Whilst we use reasonable efforts to maintain security, we cannot guarantee our Site will be 100% secure.

We exclude all liability (to the extent we can under law) suffered by you or any third party, in connection with your use of our Site or Resources (or lack of access), any loss or corruption of data, or the fact our Resources are incorrect, incomplete or out-of-date. Our liability for any breach of a condition or warranty under these Terms is limited to the extent provided for by Australian Consumer Law. This means we’ll replace or resupply goods or services that fail to meet a consumer guarantee or arrange for another remedy required by Australian Consumer Law.

If you cause us loss or damage, you’ll need to compensate us

To the extent allowed by applicable laws, you must pay us for any loss or damage you cause us that arises from or in connection with:

❌ Your use of the Site or Resources;

❌ Your breach of these Terms; and / or

❌ Your breach of applicable laws

Linking to other websites and resources

Our Site has links to websites run by other people. We do not control or approve, and are not responsible for, any content on those websites. You’ll need to decide for yourself if those websites and resources are suitable for you.

Other key details

Ending these Terms: These Terms continue until we terminate them, which we may do at any time and without notice to you.

Continuing restrictions: All restrictions these Terms impose on you and the limits we place on our liability in these Terms will survive for at least 6 years after termination.

Passwords: If we choose to give you a username and/or password to access Site features or extra Resources, you must keep those details confidential. You are responsible for any unauthorised us or misuse of your passwords and resulting use of the Site and Resources.

No waiver of rights: The delay or failure to exercise rights or a partial exercise of rights is not a waiver of those rights.

Invalid terms severed: If a court of law decides one or more parts of these Terms are invalid or unenforceable, those parts are severed from these Terms and other parts remain in full force and effect.

Governing law: The laws of the State of Victoria, Australia govern these Terms.

Accessing the Site: We do not promise our Site complies with any laws outside Victoria or outside Australia. If you access our Site from outside Australia, you do so at your own risk. You are responsible for following applicable laws where you access our Site.

Complaints and questions: Are we living up to our promise of a clear and understandable Terms?

Reach out if you have questions about these Terms or how we explain our expectations about your use of the Site & Resources.

• We know we won’t always get things perfect, so we appreciate your feedback to improve → ideas@checklistlegal.com